bacon v squire pollexfen pollexfen bacon versus squire upon a Indebitat  assumpsit the case dame mary Beaumont widow be owner of the tithe in  Criggleson and the plaintiff be possessor of land there she cite the plaintiff  into the ecclesiastical court at York for a suppose substraction of tithe the  plaintiff appear in that court by his proctor and in the proceed there a  allegation be put into that court against the now plaintiff who emit to answer  in person be thereunto personal cite the judge of that court pronounce he  contumacious and certify his contumacy to the justice of the peace desire  their assistance accord to the statute of h c whereupon two justice of the  peace one of they be of the quorum issue out a warrant to apprehend the  plaintiff and to imprison he till he give security accord to that statute upon  which the plaintiff be take and enter into a recognizance as that statute  require but before he can be admit to put in his answer and to prevent the  estreating of the recognizance for continue in contumacy which otherwise will  have be estreated he pay the cost of the former proceed which in that court be  call contumacy fee the whole sum thus pay amount to l S d whereof S only be a  fee to the lady Beaumont proctor and all the residue be the charge of the  other proceed aforesaid upon the statute pollexfen the defendant be proctor  for the lady Beaumont in that court and suit receive the say sunim of l S d of  the plaintiff which sunni or more in such case have be usual take whereupon  the plaintiff bring a indebilatus assumpsit against the defendant for this  money as for money receive by the defendant to the plaintiff use queen whether  the proceed upon this statute be legal or the plaintiff ought to recover in  this action this be a doubt arise before justice Jones judge of assize in  Yorkshire in lend circuit and I attend he at his chamber in sergeant sInn and  prepare the note follow Obj that the h c say that diverse of the king subject  be layman have parsonage and tithe can by the course of the ecclesiastical law  have remedy enact that they shall have remedy in the ecclesiastical court and  after sentence justice of peace authorize to commit the party refuse to pay  resp this Act can intend all the king subject be layman diverse of they be  within the provision of h c of dissolution to have the same remedy the abbot  have so say the Act then it must mean the great monastery that come by  surrender after h now if it shall mean they it appear by the statute h c of  dissolution that the king shall have they in as ample manner as the abbot have  they and that they be put under the power of the court of augmentation which  court be appoint by the statute h to have the management of that pollexfen  revenue and make grant and lease reserve rend how can this be do I unless the  lessee or patentee can have remedy for their tithe in which those revenue most  consist these statute and provision defective if lie patentee no remedy for  their tithe but recital and preamble in act of parliament be of no great  authority neither for fact or law for fact let the statute h of dissolution  speak therein it be say that the abbey and monastery be free and voluntary and  without constraint surrender I can believe it and for the recital of the law  that diverse of the king laysubjects have no remedy that stand yet to be  determine whether they have or not I suppose the whole parliament be Willing  that this Act to give remedy shall pass to debate then whether there be former  remedy or not be not much material for all agree in the pass it and if a  further or more assure remedy than before nobody will oppose it so that this  recital give but little authority to conclude that there be no remedy nor can  it be imagine much inquire into the law about it but to show that layman be  within the statute h c though the recital only mention God and holy church yet  the word in the enact clause be large enough parson vicar curate or other  person in that behalf grieve that other can have a general construction and  extend to layman pollexfen er p at commonlaw layman capable of tithe in  prender in some case roll title desines the king patentee avera desines Pigott  and Simson a lord of a manor that bring a suit in the ecclesiastical court  pollexfen but suppose not yet this statute h c cap court of augmentation cap  dissolution all make together and though put into chapter one before the other  yet not so pass as appear for chapter augmentation recite the statute of  dissolution which be the next chapter after then if these statute be make all  together the word other pegsons grieve be large enough and consistent with the  other statute that give the patentee the same remedy the abbot have and  probable provide for by these word and most likely be the cause of make the  Act for notwithstanding the glorious preamble of God and holy church till the  layman come to have interest in the tithe No act of parliament be ever make to  give remedy to recover they and when this Act be make it can not but be know  to the parliament that tithe be come among layman the statute Henry of  dissolution express recite that every person that now have or hereafter shall  have by letter p tent any tithe belong to the house then dissolve shall have  like remedy so that the layman have get the tithe before this aft but if at  the same time by the Act of dissolution then pass provision be make for the  patentee to have the same remedy as the abbot these act shall be construe  together and the word other c to extend c the meaning of the word other can  scarce be intend any other but layman parson vicar curate low degree of person  ecclesiastical other can be intend in ordinary meaning of high degree  therefore of layman this be a remedial law and must have a benign and large  construction it be make first to help man to their right and due their tithe  when wrongful detain pollexfen second to aid and help the want of power of the  ecclesiastical court to compel the contumacious to submit to the law and  therefore ought to have all benign construction statute for suppress of wrong  and delay have a benign construction where a statute be make for expedition of  justice case within the same mischief be within the same remedy the statute h  dissolution express give the same remedy to the patentee that the abbot have  now if they may if not dissolve have have the benefit of this statute so must  the laypatentees for those tithe that come after h or by the statute there be  no such clause for benefit of patentee but these parsonage and tithe be by  that statute put under the power of the court of augmentation which be  establish by statute h c and thereby power give to demise lease and grant  these tithe under rend and all necessary ingredient to make lessee to have  these tithe mast in all reasonable construction be include or the statute  render ineffectual and a principal ingredient be that the patentee or lessee  shall have remedy and the remedy that other have for tithe that be in  ecclesiastical court none else can be and therefore by construction of these  statute videlicet our statute h cap and cap of augmentation together as they  be make together the tithe demiseable by the court of augmentation shall be  within the remedy and word other in the statute make for pollexfen remedy and  if so then the tithe that come after and be by statute put also under the  court of augmentation shall be under the same remedy and it be most just and  reasonable to advance right and to suppress wrong but suppose layman not  capable of tithe in pernancy when this statute if be make and therefore not  then within this statute yet if after they be make capable that statute be a  remedial law make for advancement of justice and supply of defect in power in  the ecclesiastical court they be within this Act for that which the statute  aim at be the tithe not the parson it provide that the tithe shall be pay and  give remedy if not pay that be the substance the name of the person that be to  have the remedy be only a mean necessary to express the substance the statute  intend no distinction betwixt one sort of man and another I can see no reason  to think they do a corporation new create suppose spiritual be it not  pollexfen er p such a corporation within the remedy suppose a laycorporation  new create purchase tithe shall not he sue in the ecclesiastical court in  other case the Lord say case upon the statute temptation to sin great man  adjudge that though a viscount be a degree of nobility create after the  statute of temptation to sin great man yet by construction within it I believe  many case of like nature may be find