case John turner appellant William smith and other respondent saint march the  tithe of a rectory which belong to a dissolve abbey be due to the grantee of  the crown and not to the incumbent as rector from the note at the end of the  case this appear to have be a frivolous appeal viner vol p c before and at the  time of the dissolution of monastery the abbot of Coverham in the county of  York be seize in right of his abbey of the rectory and parish church of  Coverham and of all glebeland tithe ablations obventions and other profit  thereunto belong and upon the dissolution king Henry VIII by virtue of the  statute in that case make become seize in right of his crown of the say abbey  and rectory and all other the right and possession thereof queen Elizabeth by  letter patent under the great seal date the that of June in the that year of  her reign grant to Thomas Allen and Thomas freeman and their heir the say  rectory and all house building barn glebeland tithe oblation obventions profit  commodity and appurtenance whatsoever thereunto belong except and reserve only  to her majesty her heir and successor the advowson of the church of brown  Coverham to hold of her say majesty her heir and successor as of her manor of  east Greenwich in the county of ken by fealty only in fee soccage and not in  capite since the dissolution of this abbey no tithe either great or small  arise within the parish of Coverham be ever pay to any incumbent of that  parish but be constant account for to the crown or its farmer or lessee until  the above grant by queen Elizabeth and afterward the tithe be answer to the  grantee or those claim under they and such owner of the rectory have usual pay  the minister for the time be who have officiate as curate of the parish a  stipend of pound per and and which by other charitable donation be augment to  pound per and in the year the appellant be present by queen whether to this  rectory and vicarage and induct thereto accord but soon afterward pretend to  be entitle to all the tithe of the parish he summon the respondent and some  other brown er p of the inhabitant before two neighbour justice of the peace  for the northriding of the say county of York in order to recover certain  species of small tithe but meeting with no success or encouragement in this  mode of prosecution he bring his action at law against one John Geldart a  inhabitant of the parish for not set out his tithe and which action be try at  York summer assize the judge on produce a authentic copy of the above grant be  full satisfy that the plaintiff have no title to the say tithe but that the  same belong to those claim under that grant and thereupon the plaintiff be  nonsuit but still persist in his claim he in Michaelmas term follow exhibit  his bill in the court of exchequer against the respondent and other for a  account and satisfaction of their tithe to which bill they by their answer  insist upon several moduses which they have all along pay to the owner of the  say rectory and that what tithe have become due for any other land hold by  they respective within the say parish have be pay and satisfy or compound for  to the say owner or their farmer to who the same of right belong on the hear  of this cause in Trinity term the court order the plaintiff bill to stand  dismiss but without cost in respect of his be a pauper from this decree the  plaintiff however think proper to appeal insist W Hancock n Haggatt that he be  both rector and vicar of the parish of Coverham and as such be entitle of  common right to all the tithe both great and small arise within the say parish  on the other side it be contend c Phipps r Raymond that the appellant be only  a nominal rector of the parish and therefore have no pretence of title to the  say tithe neither have he or any of his predecessor ever receive or enjoy the  same nor do the appellant in his say appeal assign any error in the say decree  brown accord after hear counsel on this appeal it be order and adjudge that  the same shall be dismiss and that the dismission of the appellant bill  therein complain of shall be affirmed By a order of the house on the d of  march jour vol p it be order that no person whatsoever do presume as counsel  to sign any appeal to be bring into this house for the future unless such  person have be of counsel in the same cause in the court below or shall attend  as counsel at the bar of this house when the say appeal shall come on to be  hear and it be further order that this order shall be add to the roll of stand  order and affix on the door of this house and of the court in westminsterhall  notice have be take at the hear of the above appeal jour vol p that the same  be sign by William Hancock and Nathaniel Haggatt as counsel who do not attend  at the bar to plead for the appellant nor be they concern in the cause in the  court of exchequer and the above stand order be read it be order that the  gentleman usher of the black rod his deputy or deputy shall forthwith attach  the body of the say William Hancock and Nathaniel Haggatt and bring they in  safe custody to the bar of the house to answer for their offence accord on the  d of march ibidem p Mr Hancock have render himself into the custody of black  rod be bring to the bar of the house and there on his knee receive a reprimand  from the Lord chancellor for his say offence be discharge out of custody pay  his fee but Mr Haggatt have make a affidavit that he be year of age and upward  and live at read in the county of Berks that he neither sign or consent to the  sign of any such appeal nor ever hear thereof nor be ever any way concern  therein as counsel or otherwise nor do he know the say John turner the  appellant on read this affidavit and also a certificate of James brewer of  read aforesaid doctor in physic that be believe the say Nathaniel Haggatt to  be very infirm and incapable of travel from the place of his abode without  apparent danger of his life it be on Monday the that of April ibidem p order  that the say John turner shall attend the house on Wednesday then next in  order to be examine touch this matter but I do not find that turner ever  attend or that any further notice be take of this last order see saint oh No  No price v Seeley Cl f Stacpoole v Stacpoole dow jour vol p brown er p