Decimarum & Oblationum Tabula. A Tything Table. OR Table of Tithes and Oblations, according to the 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 tithing, and their resolutions by the Law's Canon, Civil, and approved Doctors opinions of the same, as be ordinarily moved, and which do often prove to controversies herein. As also A brief and summary declaration of Composition, Transaction, Custom, Prescription, Privilege, And how they prevail in Tything. Annexed hereunto Summarily, 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 subjects Ecclesiastical or Lay, whether in these rights to demand them, or bounden to perform the same. Compiled by W. C. Bach. of the Civil Law. Eccl. 25. Hollow thy Tithes unto God with gladness. Prov. 3. So shall thy Barns be filled with plenteousness, and thy presses flow over with sweet Wine. LONDON, Printed by J. T. for Andrew Crook at the Green-dragon in Saint Paul's Churchyard. 1658. THE PREFACE. THe Canon and Civil Laws (Christian Reader) since first King Henry of happy memory the Eighth, 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 King Henry then continued, and King 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. 1●redge● 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 or 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 and all their engendering time, wherein (only) they give place to prevention: they be Laws of themselves (in their ripeness) inviolable. d ●ledge● Glo. & D D ●ledge●n c. vigilanti ●ledge●le 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 writ to Englishman; 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 conjunctim ●ledge●eosatis. , 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. ●ledge●ire. 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 deno. turab revium Fol. 50. de consultatione. : but the Judge Ecclesiastical hath power to proceed, notwithstanding the King's prohibition l 9 Ed. 2. circumspect 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. The Readers (ever) in the LORD. W. C. These Books following are printed and sold by Andrew Crook at the Green-dragon in St Paul's Churchyard. In Folio. A large and complete concordance to the Bible, by Samuel Newman. The Bible of a large English or black letter, used in Churches. The Bible of a fair London Print. The Bible in Welch. Leviathan, or the Matter, Form, and power of a commonwealth Eeclesiastical and civil, by Thomas Hobbs. Ben: Jonson's Works in two Volumes. The History of Don Quixot. Doctor Kellet of the Sacrament of our Lord's Supper. All Homer's Works translated by George Chapman. Orlando Furioso, by Sir John Harrington. In quarto. Thomae Thomatii Dictionarium. Doctor Gauden his Defence by way of Apology for the Ministry and Ministers of the Church of England. his three Sermons upon several occasions. his Case of Minister's maintenance by Tithes. The Fables of Aesop paraphrased in Verse, and adorned with Sculpture by John Ogilby. Mr Joseph Caril his Exposition on Job. Mr Rutherford his Christ dying, on John 12. vers. 27, 28, 29, etc. his Survey of the Spiritual Antichrist, discovering the Secrets of Familism and Antinomianism. his free Disputation concerning pretended Liberty of Conscience. De providentia Dei. Doctor Lightsoot his harmony on the four Evangelists. his commentary on the Acts of the Apostles. his description of the Temple. his description of the Service of the temple. Ten godly and fruitful Sermons by John Gore late Minister at Saint Peter's in Cornhill. Doctor Day his Treatise of the Resurrection, 1 Cor. 15, 16. Barton of Bowing at the name of Jesus. A plain Exposition on the ten commandments by J. Dod. The Church of England a true Church, by John Bastwick. D. D. Mr Thomas Shepherd of New-England his Treatise of Liturgies, power of the Keys, and of the Catholic Visible Church, in answer to Mr John Ball. Doctor Twisse of Predestination in answer to Mr Cotton. The Swedish Intelligencer containing the principal passages and Actions done in the best parts of Christendom. Virgil translated gramatically by John Brinsley. A Philosophical and Chemical Treatise of Fire and Salt. Clement (the blessed Paul's fellow-laborer in the Gospel) his Epistle to the Corinthians. Confession sin, Doctor Flood his answer to Foster concerning the Weapon-Salve. The Protestants Kallendar. The Mysteries of Art and Nature, in four Parts, the first of Water-works, the second of fireworks, the third of Drawing, Colouring, Limming, Painting, Engraving and Etching, the fourth of sundry Experiments by John Bate. Johannis Buridani in Arist Polit. William Lithgow his Travels. A Sermon preached at Newport in the Isle of Weight, October, 1648. in the time of the Treaty on Gal. 5. v. 22. 23. by Robert Sanderson Doctor in Divinity, and Chaplayn to the late King. In Octavo. Virgil translated by John Ogilby. Shepheard his sound Believer. Bishop Hall his Contemplations on the old Testament. — Christian Moderation. — Honour of the Married Clergy. — his Treatise of the old Religion. — Remedy against Profaneness. Grotii Poemata. Rivii Historia Navalis, Fletcher of Urins. Doctor Brown his Religio Medici. Mr Bridges Catechism on the Sacrament. The ages of Man's life, with the Original, causes, progress, and end thereof learnedly discussed. An hermetical banquet dressed by a Spagerical Cook, for the better preservation of the Microcosm. Bishop Corbet his Poems complete with Additions. The buddings of old Truth, or practical points of divinity gathered out of St. John, chap. 3. vers. 22. by Alexander Gross. Sententiae Puerilis Translated by Mr. Brinsley. Enchiridion duplex, Oratorium nempe & Poeticum, hoc ab Alexandro Rofsaeo illud a Theodorico Morello concinnatum; sed ab eodem Rossaeo, recognitum & auctum ad verborum copiam & elegantiam Phrasium Latini Sermonis comparandam in utraque facultate haud infrugiferum. The Silver Watch-bell. Georgii Ritchel Contemplationes Metaphysica. The charter of Rumney-Marsh. In duodecimo. Sir Henry Blunt his voyage into the Levant, being a Relation of a Journey lately performed from England by the way of Venice, into Dalmatia, Slavonia, Bosna, Hungaria, Macedonia, Thessaly, Thrace, Rhodes, and Egypt, unto Grand Cairo: with particular Observations of the Modern condition of the Turks, and other people under that Empire. A Help to discourse, consisting of Witty, Philosophical, Grammatical, Physical, Astronomical Questions and answers; as also Epigrams, Epitaphs, Riddles, Jests, Love-toys: together with the country man's counsellor, and necessary rules for health. Mr Rouse his Art of Happiness. Greenwood his Works. An excellent Treatise of the Interest of the Princes and States of Christendom. Ovid's Metamorphosis translated by Mr George Sands. A Pathway to Piety, containing, 1. Christ's prayer expounded. 2 A communicant instructed. 3. A direction to live well. 4. A Direction to die well. Doctor Swadlin his Manual of Devotions, suiting each day with Prayers and Meditations suitable to the works of the day, as also each man's calling, the Nobleman, the Soldier, the Lawyer, the Tradesman, the sick man, the dying man. Abrief of the Bible's History. The English Dictionary, or an Interpreter of hard English words, enabling as well Ladies and Gentlewomen, young Scholars, Clerks, Merchants, as also strangers of any Nation to the understanding of the most difficult Authors in our Language, and the more speedy attaining of the English Tongue, both in reading, speaking and writing. The Poor man's Rest, founded upon Motives, Meditations, and Prayers, expressing the inward means of true consolation. The Mother's Blessing, or the godly counsels of a Gentle woman not long since deceased, left behind her for her children, containing many good exhortations & good Admonitions, profitable for all Parents to leave as a Legacy to their children, by Mrs Dorothy Leigh. Several Treatises of Mr Perkins, 1. How to live, and that well. 2. The right way of dying well. 3. The government of the Tongue. 4. A Grain of Mustardseed. 5. The right knowledge of Christ crucified. 6. The Nature and practice of Repentance. 7. The Combat betwixt the Flesh and Spirit. A Garmmar in French and English, being necessary Rules for a Frenchman to learn English, by George Mason Merchant. Four plays in Latin, viz. Loiola. Stoicus Vapulans. Cancer. Paria. Two Plays by Thomas Kellegrew, viz: The Prisoners. Claracilla. Lot's Little-one. A warlike Treatise of the Pike. A Manual of Prayers. In 24. Latin Testament. English Testament. The third part of the Bible. Plays. Queen Elizabeth, first and second Part. The honest whore, first and second Part. The Fleir. The Opportunity. The swaggering Damsel. Lily his Comedies. The Tragedy of Hoffman. Philis of Sciros. 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 would become afterwards arable ground, whether his right continueth in the Corn? The Second Question. Decima De Silvis caeduis, i. Of woods felled, & preserved to grow again. Decima De Lignis, i. Of wood not in use, nor apt for Timber, but for firing. Decima De Thenitiis agrorum, i. Of trees planted for fencing of grounds, in fields, pastures, and hedge-rowes. Decima De Turvis, i. Of Turfs growing in fenish & 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 tithe? 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 tithe 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 Lama, 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 Procellis, i. Of Pigs. Decima de Pullis, i. Of Colts. 1 Whether the person 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 ewes be removed, and other such and beasts from one parish to another, how the several Churches be interested 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 tithable? 2 If feed in one parish and couch in another, how the profits be tithed? 3 Where Cheese is tithable, and the number of so small that none can be made; how the tithe shall be answered for their small proportion? 4 Where Milk of sheep is tithed in kind, how they be tithable (for their pasture) in the Winter, when they do yield no such profit? The Eighth Question. Decima de Fructibus arborum, i. Of Fruits of Trees. 1 Of apples and other such fruits of trees, what of their tithable time? The Ninth Question. Decima De Seminibus, i. Of seeds: Hemp, Flax, Onious, Rape and such like. Decima De Herbis, i. Of Potherbs. Decima De Curtilagiis, 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 Pannagiis silvarum, 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 Mills, forced by wind, water, etc. Decima De Vivariis, i. Of Parks, Warrens, pools, ponds, etc. Decima De Bestiis guarenarum, i. Of wild beasts under custody, etc. Decima De Columbariis, 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 Aucupiis, i. Of Fowlings. Decima De Venationibus, i. Of Hunt. Decima De Piscationibus, i. Of Fishings. 1 Beasts, Fishes, Fowls, how (diversely) they be tithed, (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 Ovis, i, Of Eggs. 1 Of Eggs, where tithes be yielded, whether chickens be tithable there? The Fifteenth question. Decima De Artificiis, 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 tith, 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 would become afterwards arable ground, whether his right continueth in the corn? Questions of Tithing, and their Resolutions. The first Question. 1 PArishioners out of their Harvest-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 their 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 h●redge●mines de d●redge●cim. Glo. c●redge● erroris damnabilis. Con●redge● prou. Ang. d●redge● dec. ver. err●redge●re calculi. : 2 The parson of the rectory of A (jure 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) divers 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 b Cum con●ledge●gat. ubi ●ledge●. & D D. ●ledge●d. their own proper & peculiar Church. Now, for as much as the Church of A could never before be in possession of the Tithes of these waste ground, because they never were in being, and that the law is, that Tantum praescriptum c Sine pos●ledge●sione. ff. de ●ledge● cap. est, quantum est possessum, & non plus, i. So much (and no more) in prescription, than in possession: d Quod ●ledge●0. Sect. fl, ff. ●ledge●acquir. ●ledge●sses. cap. ●ledge●iditis de ●ledge●script. And again, in that prescription is not extended ad futura, i. It reacheth not unto profits of tythable grounds to come e ●ledge●an in ult. ●ledge●tabili. in d. ●cum con●gat. , Summae aequitatis est, etc. i. The premises considered, it standeth with great equity, in this case, that the Church of B should reap and receive these tithes f ●ledge●ost. Io. ●ledge●d in d. c. ●ledge●m con in●ledge●t. 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 and 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 Britain's 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 Tyths 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 preceptorum. i. Prescription is real, that is to say, respecting not the new or never tythed fruits, but the tythable grounds that bringeth them forth g Ancha. in c Cum in tua. de deci. & Ant. But. in. d. c Come in tuaeod. : 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. prescriptio extenditur ad particularitatem juris apprehensi, sub unico jure 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 Tyths of his certain, known, and tythable grounds: contrary to the rule of the law, viz. Id quod nostrum est sine facto nostro a nobis avelli non potest, i. That which is mine cannot (without my fact) be taken from me i ff. de reg. iur. . Look the statute De novalibus, i. of barren, heath, and waste ground, 2. Ed. 6. 13. And look the statute for predial Tithes, and Tythable places, 2. Ed. 6. 13. The Second Question. Decima De Silvis caeduis, i. Of woods felled, & preserved to grow again. Decima De Lignis, i. Of wood not in use, nor apt for Timber, but for firing. Decima De Thenitiis agrorum, i. Of trees planted for fencing of grounds, in fields, pastures, and hedge-rowes. Decima De Turvis, i. Of Turfs growing in fenish & 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 loppings of timber trees? 2 When woods be felled and sold, who shall answer the tithe? 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 Second Question. 1 OF Woods and wood, contained and specified under the words Silvis caeduis, Lignis, Thenitiis agrorum, some of them exceed the growth of xx. 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 Parishoner herein may plead for the one (against the Parson) the statute of Silva Caedua, that exempteth wood of Twenty year's growth and upwards, from the payment of tithes: and (for the other) both the Statute and prescription, in that the Tyths therein were never performed: interpreting the Statute no further, than the statute explaineth itself: It is answered by the Canons alleged, so fare forth (with protestation) and no further, than the statute shall permit, that would not in use nor apt for Timber is tithable, body or bough, felled or lopped k c. Quanquam. Provin. ang. eoubi. glow in ver. exicis. . As for prescription it is answered, Praescriptio locum habere non potest, ubi illi cui jus 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. arboribus ff. de us●ft. . 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 felled be sold, who shall answer the Tithes, the buyer or the Seller? It is answered, the Buyer m Exit de decim. c Pastoralis. shall answer the Tithe: and the reason is, Decima sequitur fructus, & cum onenere fruuctum decimae transferuntur in alterum, i. Tithe doth follow the fruits, & fruits be translated into another's right together with the burden of Tithes n c Praeal. eod. . 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. & D. D c. cum homines eod. , but he can recover but of one p Are ad hoc de re iud. t. 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 triple damages, 2 Ed. 6. 13. And not the buyer who took not the Tithe away. 4 De Turvis, i. Of Turfs, they be tithable, and comprehended under the word Lignis, because they be so applied, that is, for firing q ff. Deleg. 3. ●ledge● Ligni Sect. ●ledge●ignorum verb ●ledge●uid 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 tithe shall be answered? The Third Question. 1 OF 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 that fed them, or a strangers of another Parish. In the first case, if the 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 , the pasturage of his grounds: the stranger if he sell it, is answerable for the tenth Penny: the Parishoner, if freely he receiveth it, is answerable for the estimation s c. Procal. eod . But note, the estimation shall not be answered, but where the grounds with beasts be fed, Nulla● 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 , the tithe is intended (as aforesaid) to be answered in the fruits t Juxt. notat. per Inno ut sup. glow. ver. dividenda prov. 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 Hay, 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 Prov. 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 tithable as other predial tithes be y Ad hoc epastoralis. 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 cliped or shorn, how they be tithable there? The fift Question. 1 OF profits and increase of such profitable beasts before mentioned, & specified in particular under the words Lana Agnis, question is moved to this effect, there be in one family divers persons having to the number of 3, 5, 6, 8, or 10. Lambs or fleeces of wool 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 tithable 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. Cle. c. . Howbeit in Countries where persons such as Sons, & daughters, in their father's power, government, maintenance, and finding, shall have such beasts or intended in law, and counted in bonis profectio & 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 Sect 1. , and not in their several parcels, and the reason is, ipsarum rerum quae in fructu sunt et patri adquiruntur, pater solvat dicimam, 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 , but as the of other strangers: and what is given by the Father to the Son or to the Daughter, is their own, except the Father by express words shall reserve the fruits of such so given, to himself. 2 Where such 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 trisginta Dierum spatio in rata temporis minime 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. caquoniam ut audinimus. eodem. : for example, The parishoner hath forty sheep which yield him at shearing day fourscore Pounds of Wool: that Church is interessed entirely in the tithe in whose Parish the whole year they couched and depastured: that Church in the half, that is, in the tithe of 40. pounds where the half year 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 half, and under thirty days as afore is said, no allowance at all d c. Ver sed oves. . But note, if the whole time they couch in one Parish, and depasture in another, the Tithe shall be divided. e Sect si vero. ●ledge●onst. praeal. 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 Sect & si o●ledge●es const. ead. The Sixth Question. Decima de Agnis, i. Of Lambs. Decima de Vitulis, i. Of Calves. Decima de Procellis, i. Of Pigs. Decima de Pullis, i. Of Colts. 1 Whether the person 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 ewes be removed, and other such and beasts from one parish to another, how the several Churches be interested 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. 1 FOr 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. co. quoniam propter de decim. , viz. Vel expect et rector usque ad alium annum donec plenarie 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 Parishoner 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, a principio male eligendo fuit in culpa, ergo in hoc sibi imputetur, i. He made his choice but ill at the first, which was his own default, and therefore he must blame himself h Arg. ad ho inst. quod cum eo qui in alt. pot Sect. caeterum autem & glow. const. prov. 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 Yeaws 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. eonst. Provin. ang Sect 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 tithable increase, mentioned to be Pig, kid, etc. of which the Law determineth thus, viz. Habita ratione ad loca diversa ubi gignuntur, oriuntur, et nutriuntur, & ad moram quam traxerint eisdem particulariter decimentur, i. They be tithable by rate and proportion (particularly) to the several Churches in whose parishes they were engendered, brought forth, and nourished l Ca & Sect. 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 a 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. & Sect praeal. verb. particularitur. , that is (the several times and places considered) the several Churches in the tyths have several rights accordingly n C. & Sect prae. . 3 And touching the question of their tithable time, it is answered thus, Faetus ablactatus esse debet antequam prestetur, i. They must be, weaned, weanable, or of strength to live without the dam o Rebuff, co. , except custom hath observed q. 6. un 30. Inno. host. & alii in ca cum homines. eod. 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 tithable? 2 If feed in one parish and couch in another, how the profits be tithed? 3 Where Cheese is tithable, and the number of so small that none can be made; how the tithe shall be answered for their small proportion? 4 Where Milk of sheep is tithed in kind, how they be tithable (for their pasture) in the Winter, when they do yield no such profit? The Seventh Question. 1 MIlk and Cheese, viz. of Kine, of Sheep, or of Goats, they be reckoned as In pecudum fructu, i. In the increase of such p ff. de usufr, l. in pecudum inst de re. di. Sect in pecudum. , as also be Lana & faetus, i. Wool, Calf, Kid, and 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 and taken, of the nine parts thereof (when the tenth is duducted) there be made ten cheeses it is answered, in this case, The cheeses are not to be tithed q de reg. iur. in 6. : for cheese is not tithable but where milk is not tithed: and so of the other: briefly, they be tithable 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 Parishoner: 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 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 Rectoris dividatur, i. In this case the Parsons shall divide s c Quoniam ut audivimus. praeal. Sect decima. . 3 Question also herein is moved further in Law, t c quoniam propter prae. Sect quid vero. , where such tithes be payable in kind, and the number of so small as Lyndwood supposeth u in cap. & Sect praeal verb. modicitatem. of some one or other Parishioners, which have not 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. Sect praeal. ●ledge●n 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. ●ledge●n 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 third, only it may limit solutionem decimae, i. Custom may moderate the payment of Tithes. Look custom the fourth. 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 tithed: it is the Chapter Quoniam ut audivimus, and Paragraph quid vero, 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 Parishoner shall have six Lambs or under, he shall yield for his tith 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 Saint 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 day ensuing: the question is, of their tithes? It is answered, they be tithable 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 Sect quod si prov. a g. c , and so shall the tithe be rated and yielded a c. Sect. prae. c : by rate and proportion of time (by the month b Gloss. c. Sect 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 Eighth Question. Decima de Fructibus arborum, i. Of Fruits of Trees. 1 Of apples and other such fruits of trees, what of their tithable time? The Eighth Question. 1 FRuits of trees, viz. Apples, pears, wardens, etc. the question is of their tithable time: it is answered, Statim fructibus collectis, i. So soon and immediately when the fruits shall be gathered c c. cum homines eod. , and the reason is, quia minus soluit, qui tardius soluit, i. He diminisheth his duty that delaveth the time d si cui in si●ledge●ff. de verb. ●ledge●. : if therefore: the Parishoner 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 to what satisfaction look the Statute 2. Ed. 6. 13. for fruits be Tythable, and predial cum ho●ledge●nes prae. eod. ●ledge●xt. ●ledge●. 1. e. ad A●ledge●stolice. c. ●ledge●rvenit 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 Curtilagiis, i. Of places adjoining to mansion houses, applied to seeds and herbs. 1 Of Seeds and Herbs, what manner of tithes they be? The Ninth Question. 1 Seeds and herbs, viz. of Flax, Millet, Hemp, Leek, Onion, Rape, Percely, Sage, Mint, Rue, etc. comprehended under the words Seminibus, Herbis, Curtilagijs, they be tithable g c. quoniam propter prae. prov. ang c. , 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. 1● Hoc. ex multiplici. eo. , viz. Ye tithe mint and Rue, etc. And therefore in them no great question to be made. The Tenth Question. Decima De Pannagiis silvarum, 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. 1 BY the chapter Sancta Ecclesia, in the provincial Constitutions of England, and title of Tyths, the tithe of Mast and of other such wood and wild fruits, be payable, viz. Si vendantur, i. If they be sold l c. Sancta ecclesia pre●redge● : that is, (as the gloss inferreth) of the tenth penny, if they be sold; otherwise, that is, if Swine frankly & freely received & 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. verb. si ven●redge●dantur. ubi ●redge● hoc exteo. c●redge● pastoralis, ●redge● Inno ext. c. commissum. , viz. with the burden of tithes. The Eleventh Question. Decima De Molendinis, i. Of Mills, forced by wind, water, etc. Decima De Vivariis, i. Of Parks, Warrens, pools, ponds, etc. Decima De Bestiis guarenarum, i. Of wild beasts under custody, etc. Decima De Columbariis, 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 tithable without deduction of charges n DD. in cap. ●ledge●astoralis. & ●ledge●liis ca eod. , for the reason alleged in the fourth Question before. And they be tithable 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 warm, or Hive, but De proventibus molendinorum, i. The tenth measure of Corn for Mills o c: quoniam propter, pre- Sect de protentibus & ibi ●ledge●lo. verb. inti●ledge●re. , and so for Bees, the tenth measure of honey, the tenth weight of wax, briefly, De cera & melle, i. Of Honey and wax p Host. & alii. ●ledge●. nuntios. c. . And the law and reason is of these tithes, especially of Mills, 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. ●ledge●e usuft. l usu. ●ledge●ructu legato●ledge● item si ●ledge●undi. . Especially for the practice of England, look what is said in the Third Question before. Hither be referred Parks, Ponds, Dove-houses, 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 Aucupiis, i. Of Fowlings. Decima De Venationibus, i. Of Hunt. Decima De Piscationibus, i. Of Fishings. 1 Beasts, Fishes, Fowls, how (diversely) they be tithed, (diversely) considered? The Twelfth Question. 1 THe profits that be mentioned & 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 N. 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 Interressed in the same, viz. whether the Church of N. where the Parishioners inhabit, or the Church of B. where the Profits were taken? It is thus answered, viz. If the Parishoner had of the owners of the places frank and free liberty to fowl, hunt, and fish, the Church of N. that is, their own parish Church shall be entirely interressed in them, as in personal tithes r Inno. in ca 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 tithable 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 vero, 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 D D. praeal. in ca pastoralis, eod. , the Parishioners that took them be chargeable withal to their parish Church of N u DD. in d. c. Non est ibi idem not per D D. prae. in decimis a vium & ferarum gloss. in pre. c. quoniam propter Sect de piscationibus provin. ang. eod. verb. debit o 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 aposto. licae. eod. , payable only where the Parishioners inhabit y c questi 16. q. 1. . But if the consideration mentioned here, required and taken by the owners, cometh not by art, or industry, but Ex hu ro, i. By way only, and means of the ground z Inno. Host. ●ledge●n 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 sin. de parochiis. . Thus they be divers, 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. ●ledge●. 8 nu. 17. , but with profit d Ancha. in ●ledge●raeal. c. non ●ledge●st. co. 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, then 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 and comprehended under the words Vivariis Columbariis, in the eleventh question before. Thus they feed and nourish them, and they breed, and increase in their kinds: now, in that these enclosed and limited places do alter and change (in law) the nature of the profits of the nourished Creatures within them e Rebuff. eo. nu. 14. & 15. ad hec Inno. & Pan. in d. c. non est. , which of the Churches have right to the Tithes? It is thus answered, viz. They were included at the first as they were taken, that is, by art and industry of man f Inno. & Host. in d. c. non est. : howbeit they increase not by industry and art, but by the nutriment and nourishment of the waters and grounds, where they live ex sola gratia Dei, i. Of the mere grace and bounty of God g D D. prae. in d. c. non est. : and therefore for the rate, value, and proportion of themselves, they remain these profiets as they were taken at the first, that is, personal: Tithable to the Church of their Parish that took them h Pan in cap. praeal. & ibi An. de intellectu Hostiensis ad idem. . But their increase is predial, Tithable to the Church within whose limits they be, and be fed, and nourished i Pan. & D D. in d. c non est. . The circumstances of these tithes mentioned in these cases, according to that worthy and of famous memory Hostiensis, do make them neither merely predial, nor merely personal, but mixed Tithes k Host. in ca praeal. : payable notwithstanding as predial and personal diversely respected as aforesaid. So, consider thus (briefly) of these Tithes, that is to say, considered as they be included within compass, limits, and bounds (from their natural liberty) tied and restrained to the same, as in ponds, parks, warrens, houses, and in such like limited places, they be predial Tithes: but considered as they enjoy (at their will) their natural liberties, as Fishes, the Sea; Fowls, the Air; and Beasts, the Fields; in that they are not reckoned of any place certain, their Tithes be not predial but personal: touching therefore question herein to be made, to what Churches they be due? It is answered as of predial and personal Tithes: that is, the one to that Church in whose Parish these limited places aforesaid do lie that do make them predial; the other to that Church in whose parish the Parson doth inhabit that maketh them personal. And this is the difference. 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 Thirtenth Question. 1 Swans, Geese, and Ducks, be distinguished thus, viz. whether they be Volantes, i. whether they be wild and do fly, or be tame, or not: this considered, the profits be tithable accordingly: for example, The Cygnets, Si nascuntur in loco certo, & suscipiuntur a loco certo, i. If they be brought forth and so be taken in and from a certain and known place, they be predial and tithable, as predial Tithes: if from incertain places, they be personal, and so they be Tithable, viz. as personal Tithes l Gloss in c. sancta Ecclesia prae. Sect. 1. ●ledge●er cignorum. . It is affirmed of them, as of beasts, fowls, fishes m DD. ext. c. it 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 Ovis, i. Of Eggs. 1 Of Eggs, where tithes be yielded, whether chickens be tithable there? The fourteenth Question. 1 DE Ovis, i. Of Eggs, it hath been moved whether they be tithable in such places where tithes be yielded of Chickens? By the written law it may be answered, as of milk and 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. de sancta ecclesia. cap. quoniam ut audivimus ver. pulli. . The Fifteenth question. Decima De Artificiis, 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 tith, or Oblation? The Fifteenth Question. 1 Trade's, 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 Twelfth 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. ann us. , 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 divers cases) Opinionum conflictus, i Diversities of opinions q Rebuff. q. 13 nu. 44. & ibi. cit. But. in parochianos infin. 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. detur. credit. in revertimini praeal. 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 transmista. eod. arg. ca Oblationes. 90 didst Deut. 3. for example, The Harlot, the Robber, the Usurer, etc. they be not exempted, but the Law rejecteth them, their personal tithes, and Oblations: Non inferas 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 t e miror 17. q. 4. And for the other, quaestus fit ex peccato, i. Their gain ariseth of sin: the Church is therefore forbidden to receive of them, Ne ipsorum videatur approbare turpitudinem, i. Lest the Church should seem to approve their Iniquities u c. si tantum 6. q 2. hec Rebuff q 5. nu. 18. 8. 19 Here do end the questions of Tything, moved (in times past) and answered: and which be now urged (ordinarily) and decided at this day. Of Composition, Transaction, Custom, Prescription, Privilege: and how they prevail in Tything. Of Composition. COmposition (by the Cannon laws) holdeth or faileth diversely respected: and it is first to be considered of as it hath been made & 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: quae uni Ecclesiae decimae debentur, alia recipiat, i. That one Church receive tithes which be due to another. And the composition herein holdeth a c. 2. d. trans c. dilecti. co. , 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 extra 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. ● 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 and his successors d c. 2. &c venieus. de trans : otherwise without the Bishop's confirmation, it shall not only bind the Clerk that yielded thereunto, and not touch his successors at all e c. veniens. ● praeal. . 3 Or the composition hath tended Remittendis decimis, i. To the remitting of Tithes, tota decima clerico remittatur, namely, That to a Clerk Tithes should be entirely remitted, this composition holdeth not f Rebuff. q 1 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, 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, Aliquas decimas non solvant, i. That tithes be not paid at all, Non est admittenda, i Rebuff. q. 13. praeal. Not to be admitted i If the composition be, integra decima non solvatur, 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 cavenerabilis de consef, & ibi Pan. , as it followeth in Privilege. Of Transaction. 1 TRansaction 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 1. fi. 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 four. 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 tithes 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 for, 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 iis quae fiunta capit. in the other case it holdeth also if the right and interest of the Church be doubtful, as where the Parishoner 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 then by consent and authority supreme o Not. ca a nobis eod. Pan. c, statuimus de trans. . Transaction is often taken for composition, and one for another p c. venien. e. . Of Custom. 1 Custom 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 sine homines. & c, add 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 solvendis 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. id c. fi. de consuetud. . 4 Custom De minori quantitatate 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 & alii. eod. , but of others in predial also u Rebuff. q. 13. na 46. ; and practise also showeth the same. 5 Custom De loco, i. Of place where Tithes ought to be left, holdeth x Host in sum Sect. sin 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 honorum licite 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. consil 26. pro evidentia. c. tua c, sin 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 and 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, Praedial and personal, be called be 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. e pastoralis. eod: ; as of 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 sin. ff arb. furt. caes. : so they be maintained by the grounds, but defended by the shepherds. Look more of mixed tithes in the twelfe question. Some of them by the name of greater Tithes, In Latin Majores 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 tua. etc. ex multiplici. praeal. eod. , etc. mentioned in the ninth and fourteenth questions, 1. Of Prescription. PRescription is not much differing from custom, as before is specified of Transaction and composion: but the one oftentimes is taken for the other a Dom. ca 2. col. ult de preb. in 6. barb. consil. 35. sapientur. col. 6. in 2. vol. . Howbeit herein they differ, Consuetudo proprie dicitur quando jus acquiritur in communi et publico, i. It is properly said to be custom where a right to many is procured in common and public. Praescriptio vero 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 justa 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 Religion's 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 e 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 tithes, 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 and pay all manner of their predial tithes, in their proper kind, as they rise and happen in such manner and form as hath been of right yielded and paid within forty years before the making of this Act (being 4. November Anno 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 triple value of the Tithes so taken or carried away, 2. Ed. 6. 13. At all times whensoever the said praedial tithes 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, 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 tithes, before tithe thereof be set forth, or willingly withdraw his tithes of the same, or of Double value of the tenth besides costs. such other things whereof predial 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 tithable, going or feeding in any waste or common Wast ground not certainly known of what parish. ground, whereof the parish is not certainly known, shall pay his tithes for the increase of the said , to the parson, Vicar, etc. of the parish, Hamlet, Town, or other place where the owner of the said dwelleth, 2 Ed. 6. 13. All such barren heath and waste ground, etc. which before this time hath been barren and paid no tithes, by reason of such barrenness, and shall Wast ground improved that never paid tithe. be improved and converted into arable ground or Meadow, shall after the end of seven years next after such improvement, pay tithe for the corn and Hay growing upon the same. But if such barren, etc. etc. hath before, etc. been charged with the payment Wast ground improved that paid tithe before. of any tithes, and the same be after improved, and converted into arable ground or meadow, than the owner thereof shall, during seven years' next following from and 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 twenty years or of greater Silva Caedua. age sold to merchants to their own profit, or in aid of the King in his Wars, is not Tithable nor comprehended under this word Silva Caedua, 45. Ed. 3. 3. Every person exercising merchandise, bargaining Personal tithes. and selling, etc. or other art or faculty, 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 parsonal Tithes, 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 tithes, etc. the same custom of payment of tithes shall be observed and continued, 2. Ed. 6. 13. Offerings. Every person which ought to pay 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 tithes of marriage goods shall be required of any Wales. person within Wales, or the marches thereof. 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. Obstinacy. If any person after sentence definitive given against him, obstinately refuse to pay his tithes, or shall otherwise contemn and disobey the process and decrees of the Ecclesiastical Courts, etc. then upon information Contempt. 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, etc. then the Appeals. 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, etc. do sue for any prohibition, etc. under Prohibition the copy of the Libel shall be written the suggestion, wherefore the party so demandeth the said prohibition: and in case the said suggestion by two honest and sufficient witnesses at the least, be not proved true in the court where the said prohibion shall be so granted, within six month's next following, etc. Then the party that is hindered of his suit in the Ecclesiastical court by such prohibion, etc. shall have a consultation granted, etc. and shall also recover double costs Consultation and 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: this is the work, take it in good part: the title but begun, may better be satisfied hereafter. FINIS.