case John pratt appellant William hopkins and other respondent d may land  exempt from tithe as be part of the demesne of a ancient monastery when  enclose by act of parliament shall not be make liable to tithe by any general  word in the act decree of the exchequer affirm ground and rudiment of law and  equity p can the respondent be proprietor and occupier of several parcel of  land former part of Glastonbury commons and common call or know by the several  name of brown er p Commonmoor blackacre and Southmoor alias Aldermoor and be  enclose by virtue of a act of parliament make for that purpose in the year the  appellant in the year obtain a lease from the bishop of bath and well of the  rectory and parsonage of saint John the baptist with the chapel of saint  Bennings in Glastonbury and other chapel therein mention and of all tithe  thereto belong for three life and after the enclosure of the commons videlicet  in Michaelmas term he exhibit his bill in the court of exchequer against the  respondent and other in order to compel they to account with and make he  satisfaction for the tithe arise out of the new enclosure and particular out  of Southmoor the appellant be well apprise of the respondent defence with  relation to their land in Southmoor videlicet that the same be exempt from the  payment of tithe as have be part of the demesne of the great and ancient  monastery of Glastonbury do in his bill allege that Southmoor be not part of  the demesne of the say monastery but if it be and may for that reason have be  exempt from tithe before the make the act for enclose the say commons yet the  same be make liable and subject to the payment of tithe by the follow clause  in that act provide always and it be hereby declare and enact by the authority  aforesaid that nothing herein contain shall extend or be construe to extend to  prejudice any right or interest which the Lord bishop of bath and well the  brown impropriator of the rectory or parsonage of saint John baptist in  Glastonbury aforesaid or his lessee have have or may have to any tithe which  shall belong or may accrue to they or either of they out of the say new  enclosure hereby to be make and that such impropriator or his lessee for the  time be shall have and receive all tithe of what kind soever of and from the  say new enclosure as be be or shall be by law entitle to have and receive as  rector or impropriator of the say parish notwithstanding any modus or pretence  of a modus or composition in any other part of the say parish or any exemption  whatsoever and it be hereby further enact by the authority aforesaid that the  say bishop of bath and well the impropriator of the rectory or parsonage of  saint John baptist in Glastonbury for the time be or his lessee as the say  bishop or lessee shall be respective possess or entitle to the tithe of the  say new enclosure shall for a further augmentation and better provision for  the curate of the say parish church of saint John baptist in Glastonbury pay  or cause to be pay unto the curate of the say parish and his successor for the  time be yearly and every year the full sum of pound of lawful British money  out of the tithe that shall or may arise out of the say new enclosure hereby  to be make free from all tax whatsoever to this bill the respondent put in  their answer and thereby admit the appellant right to tithe out of all such  part of the new enclosure as lie in Commonmoor or blackacre but as to such  part of they as be take out of Southmoor they insist that the same be exempt  and free from tithe the say common call Southmoor which have heretofore be of  much great extent than what be intend to be enclose by the act have former be  part of the demesne of the aforesaid monastery and no tithe have be pay or  answer for any part thereof and the respondent submit to the court that the  act as pass have not give the appellant any right to tithe to which he be not  before entitle by law in Trinity term the appellant reply to the respondent  answer and soon after come to a agreement with they to accept what be due for  tithe arise out of Commonmoor and blackacre together with his cost which be  state together at pound S d be accord pay to the appellant after this the  appellant and respondent proceed to examine their witness touch the appellant  demand of tithe out of Southmoor and the deposition be duly publish the cause  come on to be hear before the baron on the that July and be hear in part and  by consent on both side adjourn over to the next term and upon a full hear on  the that of November follow the baron unanimous deliver their opinion that the  respondent have full prove the exemption insist on by answer and that the act  for enclose the commons have give the appellant no new right to tithe out of  brown the say land in Southmoor and therefore decree that the appellant bill  shall be dismiss with cost the appellant therefore appeal from the decree  contend I will g Eyre that by the express word of the act the impropriator or  his lessee for the time be brown er p be to have and receive all tithe of what  kind soever arise from the new enclosure notwithstanding any modus or  composition in any other part of the parish or any exemption whatsoever and  that these last word will be of no manner of use if the enclosure in Southmoor  be to be exempt from the payment of tithe it be admit by the respondent answer  that the other two commons ought to pay tithe that accord to the act a certain  quantity of the commons contain ten acre be to be enclose as a better  provision for the curate of the parish but no distinction be here make as to  Southmoor so that this allotment may as well be make of land in Southmoor as  in either of the other commons whereas if Southmoor have be exempt from the  payment of tithe and have not be intend to be subject to tithe after the  enclosure be make the curate allotment ought to have be confine to the other  two commons which be confess subject to the payment of tithe that the  impropriator and his lessee be express oblige as they shall respective be  entitle to the tithe of the new enclosure to pay to the curate of the parish  the yearly sum of pound free from all tax out of the say tithe whence it be  plain that the act never intend to make any distinction between the commons  the tithe of all the new enclosure be equal make the fund for payment of this  pound per and that there be a express save in the act that nothing therein  contain shall extend to prejudice the right and interest of one Mr stride in  respect of a enclosure of acre make by he in Southmoor and this save will have  be equal extend to the residue of the more unless it have be intend to be  subject to the payment of tithe that though the proprietor and owner who have  enclose the commons have great improve their own estate yet it appear from the  evidence that the rectory be thereby lessen in value for want of sufficient  flock of sheep to manure the arable ground by which mean and by the annual  payment of pound to the curate which the appellant have constant pay he must  be a considerable loser if exclude from the tithe of the enclosure in  Southmoor and therefore it be hope that the decree will be reverse on the  other side it be say t Lutwyche n fazakerley that the question concern only  the enclosure of the common call Southmoor which by the proof in the cause  appear to be part of the demesne of the monastery of Glastonbury and as such  exempt from the payment of tithe that no tithe have ever be pay for this  common though at different time improvement and enclosure have be make of  several part of it so that there be no room for the court to doubt but that at  the time of pass the act the land in question be exempt from the payment of  tithe that the brown first clause insist on by the appellant be only a general  save to the bishop and his lessee of their former right to tithe and as to the  latter part of that clause which the appellant chief rely upon act of  parliament be to have a reasonable construction and take the whole clause  together it appear calculate mere to preserve the impropriators right  notwithstanding any pretence of a modus etcetera in other part of the parish  and it will be very extraordinary by the general word or any exemption  whatsoever at the end of this clause to destroy a clear legal exemption when  the whole drift of the clause be only to preserve such right as the bishop the  impropriator or his lessee then have that there can be no reason in this case  to take away a exemption in favour of a impropriator because the act do not  tend to diminish the tithe but on the contrary the tithe arise from the  improvement of the other commons will great increase the yearly value of the  impropriation after hear counsel on this appeal it be order and adjudge that  the same shall be dismiss and the decree of dismission therein complain of  affirm and it be further order that the appellant shall pay to the respondent  pound for their cost in respect of the say appeal jour vol p brown er p