A HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT. DECIMARUM ET OBLATIONUM TABULA. A Tithing Table. OR Table of Tithes and Oblations, according to the King's Ecclesiastical Laws and Ordinances established in the Church of England: Now newly reduced into a Book. Containing as well the very letter of the Law under which these rights be severally comprised, together with such Questions of Tything, and their Resolutions by the Law's Canon, Civil, and approved Doctors opinions of the same, as be ordinarily moved, and which dee often prove to controversies herein: As also a brief and summary declaration of Composition, Transaction, Custom, Prescription, Privilege; And how they prevail in Tything. Compiled by W.C. BACH. of the Civil LAW. LONDON, Printed by Thomas Purfoot. An. Dom. 1633. ANNEXED HEREUNTO SVMMArily, such Statute Laws of the Land concerning these rights, as have been herein authorised, and now do remain in their force accordingly. To the easy and plain instructions of all the King's Subjects Ecclesiastical or Lay, within his Majesty's dominions, interessed, whether in these rights to demand them, or bounden to perform the same. Eccl. 25. Hollow thy Tithes unto God with gladness: Prou. 3. So shall thy Barns be filled with plenteousness, and thy presses flow over with sweet Wine. THE PREFACE. THE Canon and Civil Laws (Christian Reader) since first K. Henry of happy memory the Eight, dismembered their bodies, a 25. Herald 8.19 and restored to the Diadem of the Land (over the state Ecclesiastical) the Ancient jurisdiction of the Crown, they have and do lie hidden, such of them as K. Henry then continued, and K. Edward b 2. Ed. 6.13. that succeeded him, Entitled in his Reign the Kings, and afterwards were the late Queens deceased, and as they be now termed, The King's Ecclesiastical Laws, (the former statutes revived by Her Majesty, c 1. Elizab. ● in the first year of her Reign) they have, these Laws, and do lie hidden in manifold, dark, and dangerous corners, in practice only familiar in Consistories, and their knowledge to the Country's obscure: hence are the manifold untimely Customs and Prescriptions that we have: I inveigh not against them, neither custom nor prescription, that be perfect now and in their perfect being, I would not be taken, or rather mistaken so: but they be weeds in their growing & all their engendering time, wherein (only) they give place to prevention: they be Laws of themselves (in their ripeness, inviolable d Glo. & DD in c. vigilanti de praescrip. . If therefore some insight into these laws, and knowledge succeeding this long obscurity, may work another effect in the time to come, none can say uprightly now that he is, may be, or his posterity after him (if not benefited) damnified thereby: happily I may be charged (in translating) to have damnified the Laws, I have shadowed (I confess) their first and original grace, such beauty have they and elegancy too, in the Latin tongue: but I write to Englishmen; and such as not so much affect to hear of the beauty, as they be desirous to understand the benefit of their Laws: for such I have framed this Tything Table, and replenished (as my slender skill would serve) the same, with necessary, dispersed, and scattered laws, not hurtful, considered as they be delivered, nor prejudicial to the Royal prerogative, nor repugnant to the Laws, Statutes, nor Customs of this Land. Tithes (by sale) be turned into chattels e Art. cler. 9 Ed. 2.1. , and made of spiritual, temporal things: in debate (of the right of patronage) in Tithes, and exceeding the fourth part of the value of the Church f 9 Ed. 2.2. 34. Ed. 1.1. de coniunctim feosatis. , where great wood is demanded in the name of Silva Caedua g 45. Ed. 3.3. , in Tithes and Oblations, where there is any state of Inheritance h 3. Hen. 8.7. , and where they be demanded, and be neither due nor accustomed i 13. Ed. 1. circ. agate. , the King's prohibition doth lie in all these cases and no consultation: otherwise, and without such temporal mixtures, prohibition hath no place k Fitz. de natura brevium, Fol. 50. de consultatione. : but the judge Ecclesiastical hath power to proceed, notwithstanding the King's prohibition l 9 Ed. 2. circumspectè agatis. 13. Ed. 1. . Conceiving them therefore (Christian Reader) as they be meant, and mentioned to be presented unto thee, viz. As they be merely spiritual Tithes and Oblations, and without any Temporal mixture, thou shalt not misconstrue the Author, nor deceive thyself. Farewell. LONDON the Twenty ninth of April. 1591. The Readers (ever) in the LORD, W. C. A brief Collection of the Letter and terms of the Law, with their several Expositions in English; and of all such questions of Tything which be mentioned and contained within the body of this Table, whereby every Tythable thing and question that is moved and answered of the same, is readily found. The First Question. Decima De Frugibus, i. Of. Harvest fruits, sown, mown, reaped, gathered, bound or lose in Heap, shock or sheaf. 1 When they be tithable, and such other praedial Tithes, whether it be lawful to the owner to dispose any manner of way of any part of the fruits before division be made, and the Tenth part be severed from the Nine parts? 2 If a stranger shall prescribe tithes in another parish, and there shall happen afterwards barren and waste grounds to be tilled, whether the stranger that prescribeth, or the Church where the grounds do lie, shall reap the Tithes? 3 If one shall have right of tithe in a wood, and that wood become afterwards arable ground, whether his right continueth in the Corn? The second Question. Decima De Siluis caeduis, i. Of woods felled; and preserved to grow again. Decima De Lignis, i. Of wood not in use, nor apt for Timber, but for fyring. Decima De Thenitijs agrorum, i. Of trees planted for fencing of grounds, in fields, pastures, and hedge-rowes. Decima De Turuis, i. Of Turfs growing in fennish & moorish soils as in the Isle of Ely. 1 Wood of 20. years' growth and upward, whether it be tithable or not? And what of lopping of timber trees? 2 When woods be felled and sold, who shall answer the tith? the buyer, or the seller? 3 If the inheritance of a wood be sold, that is in arrearages for tithe, whom the Parson may implead? 4 Turfs, amongst what tithes they be reckoned? The third Question. Decima De Pasturis, i. Of pasture grounds. 1 If they be fed, how the tith shall be answered? The Fourth Question. Decima De Fenis, i. Of Hay. 1 Hay, of what places? and what Tithe it is? The fifth Question. Decima De Lana, i. Of Wool. 1 Whether the sheep of Sons and Daughters be tithable (or not) with their father's flocks wherein they do go? 2 Where sheep be removed from one Parish to another, how the tithe is divided by rate and proportion of time? 3 If strange sheep be brought to another parish and there be clipped or shorn, how they be tithable there? The sixth Question. Decima De Agnis, i. Of Lambs. Decima De Vitulis, i. Of Calves. Decima De Porcellis, i. Of Pigs. Decima De Pullis, i. Of Colts. 1 Whether the Parson may expect his Lamb (the next year following) if the parishioners number in any one year amounteth not to ten? And what, if he faileth then? 2 When Yeawes be removed, and other such cattle and beasts from one parish to another, how the several Churches be interessed in the Tithe of their Lambs, and such other increase. 3 Of Lamb, calf, Kid, colt, pig, etc. and when is their tythable time? The Seventh Question. Decima De Lacte, i. Of Milk. Decima De Caseo, i. Of Cheese. 1 Milk and Cheese how? and when they be tythable? 2 If cattle feed in one Parish and couch in another, how the profits be tythed? 3 Where Cheese is tythable, and the number of cattle so small that none can be made; how the tithe shall be answered for their small proportion? 4 Where Milk of sheep is tythed in kind, how they be tithable (for their pasture) in the Winter when they do yield no such profit? The Eight Question. Decima De Fructibus arborum, i. Of Fruits of Trees. 1 Of Apples and other such fruits of trees, what of their tythable time? The Ninth Question. Decima De Seminibus, i. Of seeds: Hemp, Flax, Onions, Rape, and such like. Decima De Herbis, i. Of Potherbs. Decima De Curtilagijs, i. Of places adjoining to mansion houses, applied to seeds and herbs. 1 Of Seeds and Herbs what manner of tithes they be? The Tenth Question. Decima De Pannagijs siluarum, i. Of mast, of Beech, or Oak, or such like. 1 Of Mast, what, when it is given? and what, when it is sold? The Eleventh Question. Decima De Molendinis, i. Of Mils, forced by wind, water, etc. Decima De Vivarijs, i. Of Parks, Warrens, pools, ponds, etc. Decima De Bestijs guarenarum, i. Of wild beasts under custody etc. Decima De Columbarijs, i. Of Dove-cotes, or houses. Decima De Apibus, i. Of Bees. 1 What manner of tithes they be? And how they be tithable? The twelfth Question. Decima De Aucupijs, i. Of Fowlings. Decima De Venationibus, i. Of Hunt. Decima De Piscationibus, i. Of Fishing. 1 Beasts, Fishes, Fowls, how (diversely) they be tythed, (diversely) considered. The thirteenth Question. Decima De Cignis, i. Of Swans. Decima De Aucis, i. Of Geese. 1 Of Swans, Geese, Ducks, and how they be considered of. The fourteenth Question. Decima De Ouis, i. Of Eggs. 1 of Eggs, where Tithes be yielded, whether chickens be tythable there? The fifteenth Question. Decima De Artificijs, i. Of Crafts, and manual Occupations. Decima De Negotiationibus, i. Of Trades by wares, Merchandise, etc. 1 Of personal Tithes, what time, place, and persons, be required in them, and of whom the Church is forbidden to receive either personal Tithe, or Oblation? The First Question. Decima De Frugibus, i. Of Harvest fruits, sown, mown, reaped, gathered, bound or lose, in Heap, shock or sheaf. 1 When they be tithable, and such other praedial Tithes, whether it be lawful to the owner to dispose any manner of way of any part of the fruits before division be made, and the Tenth part be severed from the Nine parts? 2 If a stranger shall prescribe tithes in another parish, and there shall happen afterwards barren and waste grounds to be tilled, whether the stranger that prescribeth, or the Church where the grounds do lie, shall reap the Tithes? 3 If one shall have right of tithe in a wood, and that wood become afterwards arable ground, whether his right continueth in the Corn? Questions of Tithing, and their Resolutions. The First Question. 1PArishioners out of their Haruest-fruits; specified under the word Frugibus (before their Tithes assigned of the same) diminish their fruits, some one way, some another: admit to godly or profane uses: or (as their manner hath been) to the satisfying therein that labourers their wages. The question is, whether this be lawful? It is answered, A fraud unto the Church: For this allowance (If any such be) not otherwise aught to be made, than forth of the Nine parts: and the reason is, Decima debet solui sine diminutione, etc. Tithe must be paid without any diminishing a c. Cum homines de decim. Glo. c. erroris damnabilis. Const. prou. Ang. de dec. ver. errore calculi. . 2 The Parson of the rectory of A (iure praescriptionis) i. by right of prescription, hath interest in and to the predial Tithes of the Parish Church of B, where there be converted (into tillage) diverse barren, heath, and waste grounds, that never before yielded any profit to the Church: The question is, (now) of these Tithes, and which of the Churches shall have them? It is answered, that the Parish Church of B shall have these Tithes, because they be Decimae novalium, i. Arising of such grounds that never were manured nor yielded before any profit at all to the Church: and the reason is, by the foundation of every Church, the Tithes in general of that and every Parish, are due to their own proper and peculiar Church b c. Cum contingat. ubi glow. & DD. eod. . Now, for as much as the Church of A could never before be in Possession of the Tithes of these waste grounds, because they never were in being c l. Sine possessione. ff. de usucap. , and that the Law is, that Tantum praescriptum est, quantum est possessum, & non plus, i. So much (and no more) in prescription, than in possession d l. Quod meo. §. fi. ff. de acquir. possess. cap. Auditis de prescript. : And again, in that prescription is not extended ad futura, i. It reacheth not unto profits of tythable grounds to come e Pan in ult. notabili. in d. c. cum contingat. , Summae aequitatis est, etc. i. The premises considered, it standeth with great equity, in this case, that the Church of B should reap & perceive these tithes f Host. Io. And in d. c. Cum contingat. . 3 But note, it is otherwise where one shall be in possession of the Tithe of Corn, or of Pasture, or of Wood, or of any predial Tithes whatsoever arising in the grounds wherein he prescribeth, howbeit afterwards there be planted or set or sown in the same any strange plant, seed, or herb, that never grew before in these grounds. For example: Millet is sown or Saffron, where Corn hath been sown usually and ever before, and as the manner is, in some parts of this Land to sow in their Pasture grounds the Herb that is called Glastum or Isatis, Caesar writeth of the old Britons that they used with this Herb to smear their faces, to the end to seem terrible to their Enemies in War: we call it in English wad or Woad. Again, Apples, or Nuts, be newly planted where never they grew before: and so Ex nemoribus, i. Of Woods that be converted to arable grounds: the Tithes in all these cases be payable as before they were of the former fruits, and to whom the former fruits were tythable before, namely, to the Parson or Church that prescribeth, and the reason is, viz. Praescriptio est realis censenda. i. Terram concernens, non speciem fructuum perceptorum, i. Prescription is real, that is to say, respecting not the new or never tithed fruits, but the tythable grounds that bringeth them forth g Ancha. in c. Cum in tuade deci. & Ant. But. in d. c. Cum in tua●●d. : In respect whereof, that is, of the grounds, the tithes whereof forepast, have been (without discontinuance or other interruption) continued and possessed, it is thus affirmed (in these cases) of prescription, viz. Praesciptio extenditur ad particularitatem iuris apprehensi, sub unico iure ut universali, i. Prescription is extended to every particularity of right apprehended, as it were, under that particular, as general h Ant. But. in c. praeal. otherwise it should be in potestate serentis, i. In the owner's power (changing the fruits) to prevent another's right in the Tithes of his certain, known, and tythable grounds: contrary to the rule of the law, viz. Id quod nostrum est sine facto nostro à nobis avelli non potest, i. That which is mine cannot (without my fact) be taken from me i ff. de reg. 〈◊〉. . Look the statute De novalibus, i. Of barren, heath, and waste ground, 2. Ed. 6.13. And look the statute for predial Tithes, and Tithable places, 2 Ed. 6.13. The Second Question. Decima De Siluis caeduis, i. Of woods felled, and preserved to grow again. Decima De Lignis, i. Of wood not in use, nor apt for Timber, but for fyring. Decima De Thenitijs agrorum, i. Of trees planted for fencing of grounds, in fields, pastures, and hedge-rowes. Decima De Turuis, i. Of Turfs growing in fennish & moorish soils as in the Isle of Ely. 1 Wood of 20. years' growth and upwards, whether it be tithable or not? And what of lopping of timber trees? 2 When woods be felled and sold, who shall answer the tith? the buyer, or the seller? 3 If the inheritance of a wood be sold, that is in arrearages for tithe, whom the Parson may implead? 4 Turns, amongst what tithes they be reckoned? The Second Question. 1Of Woods and wood, contained and specified under the words Silvis caeduis, Lignis, Thenitijs agrorum, some of them exceed the growth of Twenty years, and some of them not felled within the memory of man, peradventure not of an hundreth or two of years: there groweth a question of such Woods for the Tithes of the same: It should seem, the parishioner herein may plead for the one (against the Parson) the statute of Silua Caedua, that exempteth wood of Twenty years' growth and upwards, from the payment of tithes: and (for the other) both the Statute and prescription, in that the Tithes therein were never performed: interpreting the Statute no further than the Statute explaineth itself: It is answered by the Canons alleged, so far forth (with protestation) and no further, than the statute shall permit, that wood not in use nor apt for Timber is tythable, body or bough, felled or lopped k c. Quanquàm. Provin. ang. eo. ubi. elo. in ver. excisis. . As for prescription, it is answered, Praescriptio locum habere non potest, ubi illi cui ius competit agere non potest, cum cesset materia de qua experiatur, i. Prescription hath no place, where the interessed (in his right) can make no demand, the matter ceasing whereupon he should work: for example, Of wood never cut, the tithe could never be demanded l Gloss. cap. Sancta ecclesia. provin. ang. eo. ver. arborum. ad hoc l. arbotibus ff. de ususr. . But whether the loppings or boots of such trees the which the Common Laws of the Realm account timber be tythable or not, is not yet decided by that Law. 2 It is a question, when Woods so selled be sold, who shall answer the Tithes, the Buyer or the Seller? It is answered, The Buyer m Ext. de decim. c. Pastoralis. shall answer the Tithe: and the reason is, Decima sequitur fructus, & cum onere fructuum decimae transferuntur in alterum, i. Tithe doth follow the fruits, and fruits be translated into another's right together with the burden of Tithes n c. Praeal. cod. . 3 Where the Inheritance of a wood is sold, the Tithes whereof for certain years forepast, by the Seller hath been detained and wrongfully substracted from the Church, It is a question whom the Parson may implead: It is holden, he may implead the one or the other at his own choice o Pet. de ancha. & DD. e. cum homines eod. , but he can recover but of one p Ar. and hoc de re iud. c. Bona fide. li. 6. Glo. provin. Ang. de decim. ver. asportant. . But by the statutes of the Land, the Seller only, in this case, shall be impleaded and sued unto treble damages, 2 Ed. 6.13. And not the buyer who took not the Tithe away. 4 De Turvis, i. Of Turfs, they be tythable, and comprehended under the word Lignis, because they be so applied, that is, for fyring q ff. Deleg. 3. l. Ligni § lignorum verb. quid mirum. , and reckoned in the number and amongst predial Tithes. The Third Question. Decima De Pasturis, i. Of pasture grounds. 1 If they be fed, how the tith shall be answered? The Third Question. 1Of Pasture grounds, when they be fed, it is a question how the Tithe shall be answered? It must be considered whose the grounds be, whether the owners of the cattle that fed them, or a strangers of another Parish. In the first case, if the cattle be such that yield profit to the Church, the tithe is satisfied in the fruits of the beasts r Inno ext. de decim. c. commissum. . In the other case, it must be considered of the stranger, whether he selleth or giveth frankly to the owner of the cattle, the pasturage of his grounds: the stranger if he sell it, is answerable for the Tenth Penny: the Parishioner, if freely he receiveth it, is answerable for the estimation s c. Preal eod. . But note, the estimation shall not be answered, but where the grounds with beasts be fed, Nullam Ecclesiae utilitatem alias, etc. i. Yielding otherwise no profit at all to the Church, of which sort be Horses, Oxen, and such other barren Beasts. In other profitable cattle, the tithe is intended (as aforesaid) to be answered in the fruits t juxt. notae, per Inno. ut sup. glow. ver. dividenda. prou. an. co. . But note, that generally the occupier of the Pasture is to pay the Tithe, and so is the Custom. The Fourth Question. Decima De Fenis, i. Of Hay. 1 Hay, of what places? and what Tithe it is? The Fourth Question. 1 DE Fenis, i. Of Nay, according to the exposition of the word, the tithe is payable, viz. Of the grass withered or green, perceived and taken in Meadow, Pasture, great or small, or in other place, places, or angles (so within the limits of the parish) wheresoever u Prou. ang. c. quoniam propter § volumus. : Question hath been moved of this Tithe to this effect, that is to say, whether it be predial or personal: It is answered to be predial x Ancha. cap. pervenit. eod. : For how be it the industry and labour of the person may seem and be alleged more to prevail (as they term it) in the making thereof, than the nature of the ground, yet in that it is perceived of the ground, and gathered of and from a place certain, in some one or other known, certain, and limited Parish, it is tythable as other predial Tithes be y Ad hoc c. pastoralis. exit eod. , that is, to that Parish Church where the grounds do lie, without Deduction of charges. The fifth Question. Decima De Lana, i. Of Wool. 1 Whether the sheep of Sons and Daughters be tithable (or not) with their father's flocks wherein they do go? 2 Where sheep be removed from one Parish to another, how the tithe is divided by rate and proportion of time? 3 If strange sheep be brought to another parish and there be clipped or shorn, how they be tithable there? The fifth Question. 1OF profits and increase of such profitable Beasts before mentioned, and specified in particular under the words Lana Agnis, question is moved to this effect, There be in one Family diverse persons having to the number of 3, 5, 6, 8, or 10 Lambs or fleeces of will more or less, their sheep be depastured and so be reputed part and parcel of the flocks wherein they walk, couch, and do feed: The question is of their Tithes, whether they be tythable with the flocks, or in their several parcels? It is answered, In their several parcels, and the reason is, Animalia quae gregibus alienis admixta sunt, remanent eorum propria non quorum sunt greges, sed quorum sunt animalia: i Beasts intermingled with other men's flocks, do remain notwithstanding proper and peculiar unto those, not whose be the flocks, but whose be the beasts z c. 1. Cle. e. . Howbeit in Countries where persons such as Sons, & Daughters, in their Father's power, government, maintenance, and finding, shall have such beasts or cattle intended in Law, and counted in bonis profectitio & adventitio, i. Accrueing and growing by their fathers or friends by the mother side, by gift, procurement, or otherwise, in which beasts their fathers are interessed, in the use and fruits, the bare property remaining to the Children, the tithes of these beasts shall be reckoned with their Fathers a Arg. ad hoc ff. per quas personas nobis § 1. , and not in their several parcels, and the reason is, Vt ipsarum rerum quae in fructu sunt & patri adquiruntur, pater soluat decimam, etc. i. Of things in increase and procured to the father, so shall the father be answerable for the tithe b Glou. prou. ang. de dec. ver. decima lanae. , the property notwithstanding reserved to him or her to whom it belongeth, his son or daughter. But for that Patria potestas, i. That legal power and prerogative of Fathers is not in use, neither yet Profectitium nor Adventitium peculium are known in England, the beasts of Sons and Daughters here mentioned (in respect of their tithe) shall not be reckoned with their father's cattle, but as the cattle of other strangers: and what is given by the Father to the Son or to the Daughter, is their 〈◊〉, except the Father by express words shall reterne the fruits of such cattle so given, to himself. 2 Where such cattle be removed from Parish to Parish, and question be made what proportion of the tithes is due to each Parish, the custom of the place must be observed: otherwise the law is, viz. Quaelibet Ecclesia pro rata temporis portione decimas percipiet, i. Every Church shall receive it tithes by rate and proportion of time: but the question is, of what space this rate and proportion is meant? It is answered, of xxx. days, and so to be rated by Thirty from Thirty to Thirty, Minori triginta dierum spatio in rata temporis minimè computando, i. Under or less than the space of xxx. days not to be counted in rate and proportion of time c Text. provin. ang. ca quoniam ut audivimus. eodem. : for example, The Parishioner hath Forty Sheep's which yield him at shearing day Fourscore Pounds of Wool: that Church is interessed intyrely in the Tithe in whose Parish the whole year they couched and depastured: that Church in the half, that is, in the tithe of Forty pounds where the half years they couched and depastured: that Church in Twenty pounds where they couched three months and depastured: and so ratably four months, five months, more or less accordingly: and that Church in whose Parish they couched and depastured but One Month, that is xxx. days, but in the tithe of the Twelfth part thereof, that is, of the whole Fourscore pounds, but the Tenth of Six Pounds and a half, and under thirty days as afore is said, no allowance at all d d. c. Ver. sed si oves. . But note, if the whole time they couch in one Parish, and depasture in another, the Tithe shall be divided e § si vero. const. preal. . 3 If peradventure they come from a strange and unknown place to any Parish to be clipped or shorn, there the tithe must be paid, except it may appear the same to be satisfied to the Church whence they came f § & si oves const. ead. . The sixth Question. Decima De Agnis, i. Of Lambs. Decima De Vitulis, i. Of Calves. Decima De Porcellis, i. Of Pigs. Decima De Pullis, i. Of Colts. 1 Whether the Parson may expect his Lamb (the next year following) if the parishioners number in any one year amounteth not to ten? And what, if he saileth then? 2 When Yeawes be removed, and other such cattle and beasts from one parish to another, how the several Churches be interessed in the Tithe of their Lambs, and such other increase. 3 Of Lamb, calf, Kid, colt, pig, etc. and when is their tythable time? The sixth Question. 1FOr Tithes in profitable beasts, the Parson may expect the fall of the Tenth the next year following, if the number in any one year amounteth not to Ten, according to the text of the constitution g Text provin. ang. ca quoniam propter de decim. , viz. Vel expecter rector usque ad alium annum donec plenariè decimum agnum possit recipere, si maluerit: i. Or let the Parson (if so he had rather to do) expect another year, till he may fully receive his tenth Lamb. Now it falleth out the Parson useth his liberty, and refuseth his Lamb at seven, and his half pence at Six, and the Parishioner the year following hath never a Lamb at all: The question is, how the tithe shall be satisfied: It is answered, (in this case) The Parson hath no remedy in law, and the reason is, à principio malè eligendo fuit in culpa, ergo in hoc sibi imputetur, i. De made his choice but ill at the first, which was his own default, and therefore he must blame himself h Arg. ad. hoc inst. quod cum eo qui in alt. pot. § caeterum autem. & glow. const. prou. praeal. verb. possit recipere. . Yet Lyndwood affirmeth in this case, That in regard of the Church, in respect whereof tithes ought not to be lost, and in regard of the party himself, the owner of the fruits, who without sin cannot detain by any colour the rights from the Church, though the Parson (for his own sake) cannot relieve himself jure actionis, i. By right of action: yet for the Church's sake Officium judicis, i. The judge his office may be desired i c. verb. const. praeal. . 2 Yeawes be sometimes removed from grounds to grounds, from parish to parish, the question is, (in this case) of the right of their tithes: It is thus answered by the text law k c. Quoniam ut audivimus. const. provin. ang. § agni. eod. . viz. The tithe of Lamb is payable in manner and form as be the tyths of Calves and colts and such other like tythable increase, mentioned to be Pig, Kid, etc. of which the Law determineth thus, viz. Habita ratione ad loca diversa ubi gignuntur, oriuntur, & nutriuntur, & ad moram quam traxerint in eisdem particulariter decimentur, i. They be tythable by rate and proportion (particularly) to the several Churches in whose parishes they were engendered, brought forth, and nourished l Ca & § prae. : for example, The Yeaw goeth five months with her Lamb, they put them together the Male and Female the last of September, where they coupled they remain one month: they be removed to a second parish, to a third, to fourth, and to a fifth, where they be depastured several Months: in this case Vnusquisque pro tempore suo: i. Every Parson for his time m Glo. c. & § praeal. verb. particulariter , that is (the several times and places considered) the several Churches in the tithes have several rights accordingly n C. & § prae. . 3 And touching the question of their tythable time, it is answered thus, Faetus ablactatus esse debet antequàm prestetur, i. They must be weaned, weanable, or of strength to live without the dam o Rebuff. eo. q. 6. nu. 30. Inno. Host. & alij in ea. cum homines. eod. , except custom hath observed therein a time certain, the which where so it is, there it must be continued. Look custom the 6. The Seventh Question. Decima De Lacte, i. Of Milk. Decima De Caseo, i. Of Cheese. 1 Milk and Cheese how? and when they be tythable? 2 If cattle feed in one Parish and couch in another, how the profits be tythed? 3 Where Cheese is tythable, and the number of cattle so small that none can be made; how the tithe shall be answered for their small proportion? 4 Where Milk of sheep is tythed in kind, how they be tithable (for their pasture) in the Winter when they do yield no such profit? The Seventh Question. 1MIlke and Cheese, viz. of Kine, of Sheep, or of Goats, they be reckoned as In pecudum fructu, i. In the increase of such cattle p ff. de usufr. l. in pecudum. inst. de re. di. § in pecudum. , as also be Lana & faetus, i. Wool, Calf, Kid, & Lamb, whereof mention is made in the fifth and sixth questions before: and touching question herein to be made, suppose of the milk when it is perceived & taken, of the ix. parts thereof (when the tenth is deducted) there be made x. cheeses it is answered, in this case, The cheeses are not to be tythed q de reg. iur. in 6. : for cheese is not tythable but where milk is not tythed: and so of the other: briefly, they be tythable either of them tempore suo, i. In their seasons r c. quoniam propter prae. de decim. , and so long, and so soon, as either Milk or Cheese shall be perceived and taken (in their kind) by the Parishioner: there can be no custom of intermission to the contrary. Look Custom, the 3. And what the Law of custom may be in this case, followeth here the 3. 2 Sometime these cattle be depastured in one Parish, and couch in another, in this case it may be demanded, What the Law determineth of the tithe? It is answered in the text Law, viz. Quod inter Rectores dividatur, i. In this case the Parsons shall divide s c. Quoniam ut audivimus. praeal. § decima. . 3 Question also herein is moved further in Law t c. quoniam propter. pre. § quid verò. , where such tithes be payable in kind, and the number of cattle so small as Lyndwood supposeth u in cap. & § praeal. verb. modicitatem. of some one or other Parishioners, which have but only three, two, or peradventure but one only Cow, and those, or that to be milked but alternis diebus, i. But each other day, by reason whereof the Parishioner can make no cheese at all: what is the Churches right in this case? It is answered in the text Law x c. § praeal. in fin. , viz. Consuetudini locorum duximus relinquendum, i. The custom of the place must be observed: provided the Custom be, that Certum quid soluatur, i. That somewhat be paid in consideration and lieu y ext. e. ti. c. in aliquibus. for custom herein (as in all other cases of tithing) cannot exclude solutionem decimae, i. It cannot entirely take away the payment of the tithes of such profits as arise, as may appear in custom the 3. Only it may limit Solutionem decimae, i. Custom may moderate the payment of Tithes. Look custom the 4, Hither (by a Constitution provincial of England) also be referred Calf, Colt, Pig and such like, that is, when their number is so small that they cannot be tythed: it is the Chapter Quoniam ut audivimus, and Paragraph Quid verò, which Constitution Lyndwood affirmeth upon the same Paragraph, that it extendeth not to Wool and Lamb, but citeth there another express and peculiar ordinance for the same, viz. If the Parishioner shall have six Lambs or under, he shall yield for his Tithe for every Lamb a halfpenny: if seven Lambs, he shall yield a Lamb for his tithe, and receive three halfpences: if eight, a penny: if nine, the Parishioner (only) receiveth a halfpenny of the Parson, or the Parson may expect, according to the sixth question before. Et ita intelligendum est de decima Lanae, i. The same ordinance and provincial constitution is had of Wool. It is the Chapter Quoniam propter, and Paragraph De nutrimentis, in the title of Tithes. 4 Post Festum, &c, i. after the Feast of S. Martin in winter, sheep be eftsoons removed from parish to parish, or else they do continue in one and the same parish from that feast till shearing any ensuing: the question is, of their tithes? It is answered, they be tythable thus, viz. Habita ratione ad numerum ovium Pascua estimentur, i. The pasture in this case must be considered (for want of their milk in this season) by the head or number of the Sheep that depastured in them z c. Quoniam ut audivimus. praeal. § quod si prou. ang. e. , and so shall the tithe be rated and yielded a c. § prae. c. : by rate and proportion of time (by the month b Gloss. c. § praeal. verb. estimentur. ) as Lyndwood inferreth, and as it is said of thirty days, and by thirty and so from thirty to thirty, as in the first question before of Wool. The Eight Question. Decima De Fructibus arborum, i. Of Fruits of Trees. 1 Of Apples and other such fruits of trees, what of their tythable time? The Eight Question. 1FRuits of trees, viz. Apples, pears, Wardens, etc. the question is of their tythable time: it is answeswered, Statim fructibus collectis, i. So ●oa●e and immediately when the fruits shall be gathered c c. cum homines, eod. , and the reason is, Quià minùs soluit, qui tardiùs so luit, i. He diminisheth his duty that delayeth the time d l. si cui in fine. ff. de verb. sig. : if therefore the Parishioner shall gather his fruits, and neither pay the Tithes presently, nor monish the parson to receive them, but subtract them, or that (otherwise) they be impaired or lost, tenebitur, saith the Law; that is, The Parishioner is bounden e c. cum homines prae. eod. text. : to what satisfaction look the Statute 2. Ed. 6.13. for fruits be Tythable, and predial f e. 1. c. ad Apostolice. c. pervenit eod. . The Ninth Question. Decima De Seminibus, i. Of seeds: Hemp, Flax, Onions, Rape, and such like. Decima De Herbis, i. Of Potherbs. Decima De Curtilagijs, i. Of places adjoining to mansion houses, applied to seeds and herbs. 1 Of Seeds and Herbs what manner of tithes they be? The Nynth Question. 1SEeds and herbs, viz. of Flax, Millet, Hemp, Leek, Onion, Rape, Percely, Sage, Mint, Rue, etc. comprehended under the works Seminibus, Herbis, Curtilagijs, they be Tythable g c. quoniam propter prae. prou. ang. e. , as they be perceived and taken in Gardens, or in the fields, either of the seed, or of the herb before the seeding time h Concor. ext. eo. c. ex parte canonicorum. , Nisi parochiani competentem fecerint redemptionem, i. Except the parishioners sufficiently shall redeem or compound for the same i c. quoniam propter prae. : these be Minutae decimae, i Small tithes according to the Evangelist k Lu. 11. Ho. c. ex multiplici. eo. , uz. Ye tithe mint and Rue, etc. and therefore in them no great question to be made. The Tenth Question. Decima De Pannagijs siluarum, i. Of mast, of Beech, or Oak, or such like. 1 Of Mast, what, when it is given? and what, when it is sold? The Tenth Question. 1BY the Chapter Sancta Ecclesia, in the provincial Constitutions of England, and title of Tithes, the tithe of Mast and other such wood and wild fruits, be payable, viz. Si vendantur, i. If they be sold l c. Sancta ecclesia pre. : that is, (as the gloss inferreth) of the tenth penny, if they be sold; otherwise, that is, if Swine frankly and freely received and fed, without consideration of charges to the owner, in this case, Transeunt fructus cum onere, i. The fruits do pass with their charges m glow. in d. c. verb. si ven. dantur. ubi ad hoc ext. eo. c. pastoralis, & Inno ext. c. commissum. e. , viz. with the burden of Tithes. The Eleventh Question. Decima De Molendinis, i. Of Mils, forced by wind, water, etc. Decima De Vivarijs, i. Of Parks, Warrens, pools, ponds, etc. Decima De Bestijs guarenarum, i. Of wild beasts under custody etc. Decima De Columbarijs, i. Of Dove-cotes, or houses. Decima De Apibus, i. Of Bees. 1 What manner of tithes they be? And how they be tithable? The Eleventh Question. 1 QUestion hath been moved of the tyths of Mils, Parks, Ponds, Warrens, Dove-houses, and Bees, to this effect, viz. Whether they be predial, or personal? it is answered, They be predial, and tythable without deduction of charges n DD. in cap. pastoralis, & aliis ca eod. , for the reason alleged in the fourth Question before. And they be tythable thus; that is to say, not the Tenth of the rent for mills (as they term it) the tenth penny, nor for Bees, the Tenth Bee, or Swarm, or Dive, but De proventibus molendinorum, i. The tenth measure of Corn for Bills o c. quoniam propter, pre. § de proventibus. & ibi glow. verb. intigrè. , and so for Bees, the tenth measure of Honey, the tenth weight of wax, briefly, De cera & melle, i. Of Honey, and ware p Host. & alij. c. nuntios. c. . And the law and reason is of these tyths, especially of Milles, as of other predial tithes, whereof (for example) it is said, Transit herba pasta cum onere suo ad dominum bestiarum, i. Where grounds or pastures be demised, or their Herbages sold, the owner of the beasts is chargeable with the tithe q Ad hec. ff. de usufr. l. usufructu legato. & l. item si fundi. . Especially for the practice of England, look what is said in the Third Question before. Hither be referred Parks, Ponds, Dovehouses, etc. for Fructus transit cum onere suo, i Fruits be liable to their charges. Look in the Second Question before, 2. The Twelfth Question. Decima De Aucupijs, i. Of Fowlings. Decima De Venationibus, i. Of Hunt. Decima De Piscationibus, i. Of Fishing. 1 Beasts, Fishes, Fowls, how (diversely) they be tythed, (diversely) considered. The Twelfth Question. 1 THe profits that be mentioned and contained under the words Aucupiis, Venationibus, Piscationibus, i. Of fowling, Hunt, fishings, question hath been moved of the tithes of the same, viz. The Parishioners of A. one of them fowleth, another hunteth, the third fisheth, in the fields, grounds, and Rivers of B, the question is of the tithes, of their advantages taken, and which of the Churches be interessed in the same, uz. whether the Church of A, where the parishioners inhabit, or the Church of B, where the profits were taken: ' It is thus answered, uz. If the Parishioner had of the owners of the places frank and free liberty to fowl, hunt, and fish, the Church of A. that is, their own parish Church shall be entirely interessed in them, as in personal tithes r Inno. in ea. non est, eod. & ibi Host. verb. de venatione. : but if any consideration be required, either in money or in part of their gain, that profit only received by the owner, is predial and tythable to the Church of B. that is to say, in that parish where the fields, grounds, and Rivers do lie s Inno. in & Host. cap & verb. praeal. . De caeteris verò, i. Of the residue, that is to say, of the clear gain of these Beasts, fishes, and fowls, all charges and expenses, in, about, belonging, and concerning these profits taken, deducted t DD. praeal. in ca pastoralis, eod. , the Parishioners that took them be chargeable withal to their parish Church of A u DD. in d. c. Non est. ibi idem not per DD. prae. in decimis avium & ferarum gloss. in pre. c. quoniam propter § de piscationibus provin. ang. eod. verb. debito modo. , mentioned before: and the reason is, the fowls, Beasts, and Fishes be taken artificio, ministerio, & opere hominis, i. By the art only, labour, and industry of man, from whence proceedeth personal tithes x c. ad apostolicae. eod. , payable only where the parishioners inhabit.. y c. quaesti. 16. q. 1. But if the consideration mentioned here, required and taken by the owners, cometh not by art, or industry, but Ex humo, i. By way only, and means of the ground z Inno. Host. in c. non est praeal. eod. verb. de venatione. , from whence do arise all predial Tithes a c. 1. c. ad apostolice. c. pervenit. prae. eod. : payable only in the place and parishes within whose bounds and limits they are b cap fin. de parochijs. . Thus they be diverse, these tithes, diversely respected, that is to say, predial or personal; note the difference. Note also, that where such tithes be demanded, it is where such art, industry, and travel is answered and rewarded, not with pleasure c Rebuff. eo. q. 8. nu. 17. , but with profit d Ancha. in praeal. c. non est. eo. col. 2. . Question hath further been moved of these profits and advantages aforesaid, to this effect: viz. The parishioners mentioned of N, had frank and free leave and liberty to hunt, fish, and fowl within the fields, grounds, meadows, rivers, and running streams of B mentioned before: they took, preserved, and reserved alive their beasts, fowls, and fishes, and so they conveyed them to certain their own proper and private grounds, within the bounds, compass, and limits of another parish, than either of N where they dwell, or of B where they took them: they include them (there) these beasts, fowls, and fishes, and compass them within Parks, Warrens, ponds, pools, Houses, such as be mentioned & comprehended under the words Vivarijs, Columbarijs, in the Eleventh question before. Thus they feed and nourish them, and they breed, and increase in their kinds: If they be brought forth and so be taken in and from a certain and known place, they be predial and tythable as predial tithes: if from incertain places, they be personal, and so they be tythable, viz. as personal Tithes l Gloss. in c. sancta Ecclesia prae. § 1. ver cignorum . It is affirmed of them, as of beasts, fowls, fishes m DD. ext c. tit. c. non est. , in the question last before. Hither by the chapter Sancta Ecclesia, in the Provincials of England, be referred Geese and Ducks. The Fourteenth Question. Decima De Ouis, i. Of Eggs. 1 Of Eggs, where Tithes be yielded, whether chickens be tythable there? The Fourteenth Question. 1 DE Ovis, i. Of Eggs, it hath been moved whether they be tythable in such places where tyths be yielded of Chickens? By the written law it may be answered, as of milk & Cheese in the Seventh Question before, the 1. Howbeit Custom in this case prevaileth, as experience showeth in some parts of this Land n Gloss. in d. c. sancta ecclesia. cap. quoniam ut audivimus ver. pulli. . The Fifteenth Question. Decima De Artificijs, i. Of Crafts, and manual Occupations. Decima De Negotiationibus, i. Of Trades by wares, Merchandise, etc. 1 Of personal Tithes, what time, place, and persons, be required in them, and of whom the Church is forbidden to receive either personal Tithe, or Oblation? The Fifteenth Question. 1TRades, Crafts, and Manual Occupations, they be personal, and of the profits do arise mere personal tithes: touching therefore first their Tythable place, it is answered in the Twelve question before. Of their Tythable time, it is answered in fine anni, i. They be payable at the end of the year o Gloss. in c. revertimini. verb. annus , and as our custom is, at Easter. Of persons that be chargeable with these personal Tithes, it is answered of such persons, which of Custom have, or of right aught to have paid their personal Tithes p 2. Ed. 6.13. . Look the Summaries of the Statutes ensuing. There are of these personal Tithes (in diverse cases) Opinionum conflictus, i Diversities of opinions q Rebuff. q. 13. nu. 44. & ibi. cit. But. in. c. parochianos. in fin. eod. : but herein they agree, viz. Hae Decimae personales, magis in difficultate, & subtilitate, quam utilitate consistunt, i. They are, these personal Tithes, more intricate than profitable r Host. in ca pastoralis in fin. eod. & 10. de tur. cre. in c. revertimini proeal. nu. 12. ver. ad septimum. 16. q. 1. : only this (to conclude) must be noted, that is to say, all persons (consideration had as afore is said) be bounden to offer their personal Tithes to the Church, but the Church is forbidden (of all persons) to receive them s Host. in. ca ex transmissa. eod. arg. ca Oblationes. 90. dist. Deut. 23. : for example, The Harlot, the Robber, the Usurer, etc. they be not exempted, but the Law rejecteth them, their personal Tithes, and Oblations: Non inferus mercedem meretricis, etc. i. Thou shalt not bring the hire of an Whore, nor the price of a Dog into the House of the LORD. And for the other, Quaestus fit ex peccato, i. Their gain ariseth of sin: the Church is therefore forbidden to receive of them, Nè ipsorum videatur approbare turpitudinem, i. Lest the Church should seem to approve t c. miror. 17. q. 4. their Iniquities u c. si tantum 6. q. 2. hec Rebuff. q. 5. nu. 18. & 19 . here do end the Questions of Tything, moved (in times past) and answered: and which be new urged (ordinarily) and decided at this day. Of Composition, Transaction, Custom, Prescription, Privilege: and how they prevail in Tything. ¶ Of Composition. COmposition (by the Canon laws) holdeth or faileth diversely respected: and it is first to be considered of as it hath been made and had inter Clericos, i. Betwixt Clerks themselves; and than it hath tended either Transferendis decimis, i. To the translating of Tithes from one Church to another: Vt quae uni Ecclesiae decimae debentur, alia recipiat, i. That one Church receive Tyths which be due to another. And the Composition herein holdeth a c. 2. d. trans. c. dilecti. eo. , and the reason is, Non refert quae Ecclesia decimas habeat, modo Ecclesiae persoluantur, i. It forceth not of Tithes (so the Church enjoyeth them) what Church receiveth them b c. 3. eod. . Howbeit, the nature and kind of the Tithes thus translated, must be considered, namely, whether they be personal or predial Tithes; if they be personal, the Composition that translated them holdeth not, and the reason is, Ne occasio tribuatur avagandi & divina extrà parochiam audiendi, i. Lest occasion should be given to the people of wand'ring, and hearing of Divine Service from their own Parish Churches c c. 2. sup. ti. 1. Rebuff. in q. 13. nu. 17. de decim. . 2 If they be predial, the Composition holdeth, Inita cum authoritate Episcopi, i. The authority and approbation of the Bishop of the Diocese thereunto had; which composition shall bind both the Clerk & his successors d c. 2. etc. veniens, de trans : otherwise without the Bishop's confirmation, it shall not only bind the Clerks that yielded therewith, and not touch his successors at all e c. veniens. 8. praeal. . 3 Or the Composition hath tended Remittendis decimis, i. To the remitting of Tithes, Vt tota decima clerico remittatur, namely, That to a Clerk Tyths should be entirely remitted, this composition holdeth not f Rebuff. q. 13. nu. 27. de decim. , and the reason is, Decima omnino tolli non potest, i. Tithe may not wholly be taken away g q. nu. prae. Rebuff. . 4 Secondly, composition must be considered, as it hath been said inter Laicos, & Rectorem, i. Betwixt Laymen and Clerks, which composition also must be respected thus, namely, whether it be De praeteritis decimis, i. Of Tithes forepast, or de futuris decimis, i. Of Tithes to come. In the first case, this composition also holdeth, yea though it be Gratuita, i. without consideration or allowance at all h c. super. de reb. eccle. non alien. : In the second case if the composition be, Vt aliquas decimas non soluant, i. That tithes be not paid at all, Non est admittenda, i. Not to be admitted i Rebuff. q. 13 praeal. . If the composition be, Vt integra decima non soluatur, i. That tithe be not wholly paid, but in part, it holdeth: howbeit not otherwise but confirmed by authority supreme: for the Bishop's confirmation herein sufficeth not, for none could exempt from tithing, nor diminish the quantity of the same, but the Supreme power k Text. in ca venerabilis de confess. & ibi Pan. , as it followeth in Privilege. Of Transaction. 1TRansaction and Composition do differ in this, the one is Gratuita conventio, i. A voluntary, frank and free agreement of things not contended for, which is said to be composition: the other, De re dubia & lite incerta (aliquo dato vel retento) pactio, i. A forced covenant or agreement (for somewhat given or received) of things litigious, incertain, and doubtful in controversy l r. ff. de trans. C. e. c. super eo. . 2 It must be considered of Transaction, as before it hath been said of Composition betwixt Laymen and Clerks. Look Composition 4. Transaction (if it be of Tithes forepast) holdeth; yea though the consideration had, be of things mere temporal: and the reason is Fructus decimarum sunt temporales, i. The profit and fruits of tyths be reputed temporal m c. vestra. de loca. . Transaction, if it be of tithes to come, must be respected according to the time and term it is made sin, namely, whether it be made in tempus modicum, i. For a short and limited time, or in perpetuum, i. (without limitation) for ever. In the first case it holdeth with the Bishop's approbation and authority n Arg. c. 2. & 3. sup. de hijs quae f●●nt à capit. in the other case it holdeth also if the right and interest of the Church be doubtful, as where the Parishioner pleadeth against the Church, Exemption or Privilege. But where the right of the Church is Liquidum, i. Where the Churches right is clear, Transaction holdeth not, otherwise than by consent and authority supreme o Not. ca à nobis, eod. Pan. c. statnimus de trans. . Transaction is often taken for Composition, and one for another p c. veniens. e. . Of Custom. 1CUstome by the Canon Laws holdeth or faileth, diversely respected: if it be De transferendis decimis predialibus, i. Of translating of tyths predial (as afore hath been spoken in Composition) it holdeth q c. cum sint homines. etc. ad apostolice. eod. . 2 If of personal tithes, as also before hath been said in composition, it holdeth not r c. praeal. . 3 Custom De non soluendis decimis, i. Of not yielding of Tithes at all, holdeth not, and the reason is: juri naturae & divino contraria est, i. Such a custom is contrary both to the Law of Nature, and the Law of GOD s DD. in c. fi. de consuetud. . 4 Custom De minori quantitate solvenda, i. Of yielding less than the Tenth in quantity, holdeth in Personalibus, i. In personal tithes only after the opinions of some t c. in aliquibus. & ibi inno pan & alij. eod. , but of others in predial also u Rebuff. q. 13. nu. 4.6. ; and practise also showeth the same. 5 Custom De loco, i. Of place where Tithes ought to be left, holdeth x Host. in sum § fin. eod. . 6 Custom De tempore, i. Of the time of Tithes to be yielded, holdeth y DD. in c. ad apostolice praeal. . 7 Custom De modo, i. Of the manner and form of yielding of Tithes, holdeth z Rebuff. q. 13. praeal. nu. 40.50.52. . TITHE WHAT IT IS, AND OF how many sorts. Tithe of the Latin Decima, is a Tenth part or portion of increase, commanded unto Moses by whom it was delivered (at the appointment of GOD) to be paid to the Sons of Levi, for their Ministry wherein they served in the Tabernacle a Nu. c. 18. : in Law defined thus; viz. Omnium bororum licitè quaesitorum quota pars Deo, divina constitutione debita, i. Of all lawful increase and gain a certain part (by constitution divine) due, and appertaining to God b Card. confi● 26. pro evidentia c. tua c. fin. eod. . And they be either predial, as that which doth arise and grow by reason and virtue of the grounds, viz. Fruits, and increase of Beasts, Fishes, Fowls c c. pervenit. praeal. eo. c. non est. 22. c. , etc. Or they be personal, as that which ariseth by reason and virtue of lawful and honest commodity, so recovered & procured by art, science, or manual Occupation of some person d c. ad apostolice. prae. . It is also to be noted, that tithes, some of them comprehended under these titles, predial and Personal, be called by the name of mixed tithes; of which sort be such as do rise and grow partly by the grounds e ca commissum praeal. , and partly by the care, keeping, labour and industry of some person f c. apostolice. c. pastoralis. eod. ; as of cattle subject to the Fox, Wolf, and such devouring beasts, supposed to be partly of the grounds where they be bred and fed g l. cum quidam ff. de fun. instruct. , even as a tree is supposed to be also partly of that place where the roots do grow, by the which it is nourished h l. si plures. in fin. ff. arb. furt. caes. : so they be maintained by the grounds, but defended by the shepherds. Look more of mixed tithes in the Twelve Question. Some of by the name of Greater Tithes, In Latin Maiores sive grossae Decimae (as we term them) Great tithes: such be of Corn and Pulse i c. ex multiplici de dec. . Some of them be termed Minores or Minutae decimae (in our common speech) Small tithes, such be seeds, Herbs, Eggs k Glo. & DD. in c. cum ex 〈◊〉 etc. ex multiplici. praeal. eod. , etc. mentioned in the ninth & foureteenth questions, 1. (* ⁎ *) Of Prescription. PRescription is not much differing from Custom, as before is specified of Transaction and Composition: but the one oftentimes is taken for the other a Dom. ca 2. col. ult. de preb. in 6. barb. consil. 35. sapienter. col. 6. in 2. vol. . Howbeit herein they differ, Consuetudo propriè dicitur quando ius acquiritur in communi & publico, i. It is properly said to be Custom where a right to many is procured in common and public. Praescriptio verò quando privato, i. Prescription when privately to one b Pan. in ca cum ecclesia. col. 8. nu. 45. de cause. pos. . Of Privilege. PRIVILEGE or Exemption is derived from authority Supreme, by the which ex iusta causa, i. upon cause and good consideration, sometimes the persons themselves, as the order called Cistercienses, and other Religious persons were privileged and exempted from Tithes c c. a nobis de decim. ; sometimes the places, as grounds belonging to Religious persons d c. ex parte eod. . For example, Monasteries, Priories, Nunneries, Colleges, etc. or other Ecclesiastical houses, etc. or any Manors, Messages, Parsonages appropriate, etc. or other Hereditaments which belonged unto the said monasteries, priories, etc. which were discharged of and for the payment of Tithes, being in the hands of Abbots, Priors, or other Ecclesiastical governors. Concerning these possessions in Religious persons, there hath been five several times observed c Rebuff. q. 14. nu. 37.38.39.40.42. : but leaving those times I refer the Readers only to the statute viz. These Monasteries, etc. and every person and persons, their Heirs and Assigns, having &c. shall be according to their estates and titles discharged of payment of tyths, in as ample manner as any of the said Abbots, etc. at the days of their dissolution. 31. H. 8.13. * ⁎ * Summaries of the Statutes of Tything. EVery of the King's Subjects shall truly and justly without fraud or guile divide, set out, yield & pay all manner of their praedial Tithes, in their proper kind, as they rise and happen in such manner and form as hath been of right yielded & paid within xl. years before the making of this Act (being 4. Novem. An. 1548) or of right or custom ought to have been paid. And no person shall take or carry away any such or like Tithes, etc. before he hath justly set forth for the Tithe thereof the tenth part of the same, or otherwise agreed for the same tithes with the Parson, etc. under the pain of forfeiture of treble value of the tithes so taken or carried away. 2. Ed. 6.13. At all times whensoever the said praedial tyths shall be due at the tything time of the same, it shall be lawful to every party to whom any of them ought to be paid, or his Deputy or servant to see their said tithe to be truly set forth, and severed from the nine parts, Double value of the tenth, beside costs. and the same quietly to take and carry away, 2. Ed. 6.13. If any person carry away his Corn or Hay, or his other praedial tyths, before tithe thereof be set forth, or willingly withdraw his tyths of the same, or of such other things whereof praedial tithes ought to be paid, or do stop or let the Parson, Vicar, etc. or other their Deputies, to view, take and carry away their tithes, by reason whereof their said tithe or tenth is lost or hurt: then upon due proof thereof, etc. the party so carrying away, etc. shall pay the double value of the tenth, etc. besides the costs, charges, and expenses of the suit in the same, etc. to be recovered before the Ecclesiastical judge, according to the King's Ecclesiastical Laws. 2. Ed. 6.13. Every person which shall have any beasts or other cattle tythable, wast ground not certainly known of what parish. going or feeding in any waist or common ground, whereof the parish is not certainly known, shall pay his tithes for the increase of the said cattle, to the Parson, Vicar, etc. of the parish, Hamlet, Town, or other place where the owner of the said cattle dwelleth. 2. Ed. 6.13. All such barren heath and waste ground, wast ground improved that never paid tithe. etc. which before this time hath been barren and paid no tithes, by reason of such barrenness, and shall be improved and converted into arable ground or Meadow, shall after the end of 7. years next after such improvement, pay tithe for the Corn and Hay growing upon the same. But if such barren, etc. hath before, etc. been charged with the payment of any tithes, and the same be after improved & converted into arable ground or meadow, than the owner thereof shall, during 7. years' next following, from & after the same improvement, pay such kind of Tithe as was paid for the same before the same improvement. 2. Ed. 6.13. Great Wood of the age of 20. years or of greater age sold to Merchants to their own profit, Silva caedua. or in aid of the King in his Wars, is not Tythable nor comprehended under this word Silua Caedua. 45. Ed. 3.3. Every person exercising Merchandise, bargaining and selling, etc. or other art or faculty, Personal Tithes. being such kind of persons and in such places as heretofore within these Forty years have accustomably used to pay such personal Tithes, or of right aught to pay (other than such as be common day-labourers) shall yearly, etc. pay for his personal Tyths, the Tenth part of his clear gains, his charges and expenses, etc. deducted. But in all such places where handicrafts men have used to pay their tyths, etc. the same custom of payment of tyths shall be observed and continued. 2. Ed. 6.13. Every person which ought to pay offerings, Offerings: shall (yearly) truly pay them to the Parson, Vicar, etc. at such four offering days, etc. as have been accustomed for the payment of the same, and in default thereof to pay for the said offerings at Easter than next following. 2. Ed. 6.13. No tyths of marriage goods shall be required of any person within Wales, or the Marches thereof. Wales. Neither shall any person be compelled to pay Tithe for the lands or hereditaments, which by the laws and statutes of this Realm, or by any Privilege, or Prescription, are not chargeable with the payment thereof: or that be discharged by Composition real. 2. Ed. 6.13. If any person after sentence difinitive given against him, Obstinacy. obstinately refuse to pay his tithes, or shall otherwise contemn and disobey the process and decrees of the Ecclesiastical Courts, Contempt. etc. then upon information given, etc. the same party shall be committed to ward, etc. 27. H. 8.20. Look the statute in all. If any of the parties do appeal, Appeals. etc. then the judge forthwith shall adjudge to the other party the reasonable costs of his suit therein before expended, and take surety of the other party, etc. to what effect, see the statute in all. 32. H. 8.7. If any party, Prohibition. etc. do sue for any prohibition, etc. under the copy of the Libel shall be written the suggestion, wherefore the party so demandeth the the said Prohibition: & in case the said suggestion by two honest and sufficient witnesses at the jest, be not proved true in the court where the said prohibition shall be so granted, within 6. months' next following, etc. Then the party that's hindered of his suit in the Ecclesiastical court by such prohibition, Consultation. etc. shall have a consultation granted, etc. and shall also recover double costs & damages. 2. Ed. 6.13. And the judges before whom the cause was first brought in question, shall proceed notwithstanding the King's Prohibition. 24. Ed. 1. These be Summarily (Christian Reader) the spiritual and statute Laws of the Land for Tything: such as be exercised now under the happy government of our King, the life both of them and us: this is the work, take it in good part: the Title but begun, may better be satisfied hereafter. LONDON, Printed by Thomas Purfoot. An. Dom. 1633.