The  defendants  by  their  answer  admitted  that  the  de-
fendants Andrew,  Napper,  and  the  Drinkaldsy  had  cut  and
mown  upon  their  farms  the  several  quantities  of  tares  and
other  artificial  grasses  mentioned  in  the  answer,  and  which
had  been  cut  green,  and  consumed  by  husbandry  horses
and  cattle  used  for  the  cultivation  of  their  farms,  for  which
they  had  not  otherwise  sufficient  fodder;  the  only  other
fodder  being  old  hay,  which  was  so  bad,  from  the  wet-
ness of  the  season  when  it  was  grown,  that  the  horses
would  not  eat  it.  The  defendants  insisted  that  no  tithes
were  payable  in  respect  of  the  tares  and  other  artificial
grasses  so  cut  green  and  given  to  their  husbandry  horses  and
cattle.  And  they  stated  that  the  tares  and  other  artificial
grasses  which  they  had  cut  green  were  wholly  consumed
by  the  husbandry  horses  and  cattle,  and  during  a  time
when  they  had  not  upon  their  farms  other  sufficient  food,
though  they  admitted  that  they  had  grown  hay  upon
their  farms,  but  which,  for  the  reasons  aforesaid,  was  not
sufficient  fodder,  and  they  had  no  other  fodder,  and  m
particular  no  pasturage,  except  such  as  was  required  for
the  sustenance  of  their  other  stock  and  cattle^  and  which
yielded  tithe  to  the  plaintifi:';  and  they  stated  that  no  part
of  the  hay  on  their  farms  during  the  time  the  horses  were
fed  with  green  fodder  was  sold  or  disposed  of.
