THE PARSON'S GUIDE: OR THE LAW OF TITHES. Wherein is showed, Who must pay Tithes, and to whom, and of what things, When, and How they must be paid, and how they may be recovered at this day, and how a man may be discharged of payment thereof. By W. S. Esq London, Printed for W. Lee, D. Pakeman, and G. Bedell, at their Shops in Fleetstreet, 1654. THE REASONS Of publishing this BOOK. HAving made this little Treatise of Tithes at the first for mine own private use, it came into my thoughts how much strife there is every where about the payment, of Tithes, and other Duties, whereto and wherein the Parson or Vicar by the present Laws of this Nation hath as good right and property, as any man hath to the rest parts of the profits of his Estate. And that this strife may arise much from the ignorance of the Law in this matter, there being as yet no clear and full advice herein; and hoping, that when men know what the Law is herein, the one will not demand more, nor the other offer less than what the Law sets down to be due, much of this trouble may be prevented, and some peace procured. For this cause, I say, I have put the same in Print. And now if any man shall say, Why at this time, when there is so much talk of taking away Tithes? I answer him, That we have had much talk of taking away many things a long time, which are not as yet taken away nor perhaps ever will be. And I suppose the talk of taking away Tithes is only the Tithes in the hands of Ministers, and in relation to their Maintenance; and not the Tithes in the hands of other men. And as to these, I wish they were taken away, so that first of all a more convenient way of Maintenance in stead thereof be provided for the Minister; but this I suppose will ask time, and till that time, and after that time, for the help of other persons, I have taken the pains to write this little Tract; which, as it doth neither justify nor condemn Tithes, so it will neither further nor hinder the continuance of them; and which may do some good, but certainly can do no hurt at all. The TABLE. CVsteme Chap. 9 Sect. 1 Discharge of Tithes Chap. 9 Glebe Chap. 1 Mortuary Chap. 1 and 10 Oblations ibid. Obventions ibid. Parson Chap. 1 Plurality Chap. 4 Prescription Chap. 4. and Chap. 9 Sect. 1 Tithes. The kinds thereof Chap. 2 The rature of them Chap. 3 Who must pay Tithe, and who must receive them Chap. 4 Of what things they are to be paid Chap. 5 How, when, and where they must be paid Chap. 6 Who must pay them, and to whom they must be paid. Chap. 7 How they may be recovered Chap. 8 How they may be discharged Chap. 9 Vicar Chap: 1 THE PARSON'S GUIDE: CHAP. I. Of a Parson and Vicar, his Parsonage or Vicarage, and the profits belonging to them. THE Parson at first was he that had the charge of a Parish Church, and was called the Rector of a Church; but he is most properly so called, that hath a Parsonage where there is a Vicarage endowed. The Vicarage is a certain portion of the Parsonage allowed to the Vicar for his Maintenance. And this portion in some places is a sum of money certain. In other places it is a part of the Tithes in kind, and commonly the smaller Tithes, but in some few places the Vicar hath part of the great Tithes also: and he that hath the right to, and possession of this, is called the Vicar; and he that hath the other part is called the Parson, who in some Parishes is the Minister of the place, one they call a Clergy man or Minister; and in other places he is a Layman, where it is an Impropriation. The profits and fruits of a Parsonage or Vicarage, belonging to the Parson or Vicar, are his Glebe Land, (if there be any) Oblations, Obventions, Offerings and Tithes. The Glebe is that portion of Land, Meadow, or Pasture, that is belonging to, and parcel of the Parsonage or Vicarage, over and above the Tithes. Oblations, Obventions and Offerings seem to be but one thing, and that which was called merely Spiritual. The Oblations were said to be such things real or personal as were offered to God and his Church by Testament or otherwise. And Obventions did include Oblations and other things now unknown and lost amongst us. And of this nature it seems the Mortuary is. And the other profits are the Tithes. CHAP. II. Of Tithes, and their kinds. TIthes are a certain part of the fruit or lawful increase of the earth, beasts, or men's labours, which in most What they are. places, and of most things is the tenth part, and hath been by the Law given to the Ministers of the Gospel, in recompense of their labour in the execution of their Office. There are three sorts of Tithes. Some of them are Predial, Their kinds. that is, such as come in, and arise yearly of the fruit and profit of the earth; such as are wood, corn, grain, hay, the seed of Rape, Parsley, hops, saffion, woad, flax, hemp, darnel or cockle, fennel, anise, and the like. Such are the fruits of trees, as Apples, Pears, Plums, Nuts, Cherries, Wardens, Grapes, Mast, Acorns, and the like. Such also (as it seems,) are Herbs, as Rue, Sage, Mint, and the like. Some of them are Personal, and they are such as arise and grow due by the profits that come by man's honest labour and industry in some personal work, Artifice or Negotiation, as by buying, selling, merchandizing; or by the labour of handicrafts men, such as are Carpenters, Masons, Fishers, Fowlers, Hunters and the like. And some Tithes are said to be mixed, such are the profits of some things that arise partly from the labour and care of men; and partly from the earth where the things are fed, of this sort are Cattle, as their young Calves, Lambs, Kids, Roes, the wool of sheep, milk and cheese of Cows; so the eggs and chickens of Hens, Geese, Ducks, and Swans, and the like. Amongst Predial Tithes, some of them are said to be greater, as wood, corn, hay, and the like. And some of them are lesser, as the Tithe of Herbs, Flax, Hemp, and the like. And all these of the one sort and of the other, the dispute is under the names of Tithes of harvest fruits; of woods felled, and preserved to grow again; of would not in use nor apt for Timber, but for fire; of trees planted for fencing of grounds, in fields, pastures, and hedgrowes; of Turfs growing in fennish and moorish grounds; of pasture ground, of hay, of wool, of lambs, of calves, of pigs, of colts, of milk, of cheese, of fruits, of trees, of seeds, hemp, flax, onions, rape, of potherbs; of mast of Beech or Oak; of Mills driven by wind or water; of Parks, Warrens, pools, ponds; of wild Beasts under custody, etc. of Dove-cotes or Dove-houses; of bees, of fowling, of hunt, of fishings, of swans, of geese, of eggs, of Crafts and manual occupations, of Trade by wares, merchandise, etc. And about all these things especially are all the Questions and cases that follow concerning this Subject. CHAP. III. Of the Nature of Tithes. TIthes by our Law were accounted an Ecclesiastical Inheritance, and collateral to the state of the Land out of which they come, which of common right are to be paid out of all Lands, Meadows and Pastures, and which of their proper nature originally were due only to Ecclesiastical persons by Ecclesiastical Law; and till they were severed, were esteemed merely Ecclesiastical: for the substraction whereof, no remedy was given by the Common Law. Neither can any unity of possession extinguish or suspend them, but they remain still in esse, and might be demised or let to any spiritual person. And if a Parson impropriate had enfeoffed another of part of his Glebe, or had made a Lease of it to him, yet he should have had Tithe thereof still, so that a man might have had Tithe against his own Feoffment, for they were not claimed in respect of any ownership in the Land, but ex debito, by the Law of God, So if a Parson purchase Land within his Rectory, and after lease the Parsonage, the Lessee shall have Tithe of this new purchased Land. And a Layman by the Common Law, could not have had an Inheritance descendable and grantable of Tithes as of other Temporal possessions, neither will they pass by the same words in Grants as other Temporal possessions will do. And therefore if one grant a ground cum proficuis, & comoditatibus eidem pertinentibus, the Tithes will not pass by this. But now the Law is changed herein, for they and other Ecclesiastical Duties, especially such as came to the Crown by the Statures of 27. H. 8. 31. H. 1. 1. Ed. 6. are by those Statutes, and the Statutes of 32. H. 8. and 1. & 2 Phil. & Mar. in the hands of Laymen Temporal Inheritances, and are of the nature of other Land; it shall be accounted Assets in the hands of an Heir. The wise shall be endowed of it, the husband tenant by the courtesy for them: real actions may be brought, and they have all other incidents of Lay-Inheritances. Cook 11. 14. Dyer 43. Cook 1. 3. Cook upon Litt. 5. 159. CHAP. IU. Who must pay Tithes at this day, and to whom, and who are capable of receiving and retaining of Tithes, and by what Title, and how. TIthes by the Common Law are due of common right out of all things; and every man at this day Alien and Denizen, is bound to pay the same, that cannot show a special exemption and freedom, by composition, custom, prescription, or some Act of Parliament. So the Kings have paid no Tithes sometimes for their Lands in their own hands, So neither the Lord Protector not his Patentees are to pay Tithe for some of their ancient Forrests-Lands that lie in no Parish, or between two Parishes; this is not to pay Tithe. And so the Vicar in some places doth pay no Tithe to the Parson, so long as his Vicarage Land is occupied by himself. Cro. Jur. 60. Cook 2. 44. Broo. Dimes 10. And it is said, If a Bishop had held Land discharged of Tithe, and made Feoffmeur or Lease of it, that his Lessee or Feoffee shall not pay for it. Cook 2. 44. And as to the persons to whom, and capable of receipt of Tithe, albeit by the Common Law anciently, no Lay-person was capable of them, save only by way of discharge; as where a Parishioner had compounded with the Vicar or Parson for his owner Tithe: Yet at this day any man may have them as other Lay-Inheritances; and Laymen (as they call them) as well as Clergy men, have them. And to make Clergy men capable of them, there were heretofore many things required, as Examination and Allowance by the Bishop, subscription to the Articles of Religion, Institution and Induction into the Parsonage or Vicarage, to which the Tithes belong. But in these things the Laws are changed at this day. And therefore it seems such a person once capable of Tithes, cannot be made uncapable Plurality. afterwards, as heretofore, unless it be where he hath one Benefice of 81. a year, and he take another; for in this case it seems he shall lose the first. But for this, see the Statutes of 21. H. 8. 13. 28. H. 8. 13. Cook 4. 79. & 6. 20. A Parson or Vicar may have Tithe out of his Parish, by Prescription a special Prescription. Or he may prescribe to have a sum of Money for Tithes within his Parish of any certain man there in lieu of Tithes. And another man also may have Title to a portion of Tithes by Prescription. Bro. 85. Cook 11. 19 Book of Entries. N. B. f. 9 Cook 2. 45. Cook 4. 49. And a man may have his own Tithe of the Parson by agreement between them, for the Parson's life, or how they please. CHAP. V. Of what things Tithe is to be paid, and of what not, and out of what Land, and how. IN general the rule is, that Tithes must be paid of all things that are of profit, and that arise from year to year, especially of the things wherein the industry of man is helping, as in all things it is more or less helping. Cook 11-16. Fitz. Nat. Brev. 53. 32. H. 8. 7. And so it is to be paid for, and out of all things within (not without) the Parish, that arise, grow, and happen from year to year by the Act of God alone, or by the Act of God and man together. But more particularly All sorts of trees, but Timber trees are to pay Tithe (that Sect. 1. O● trees and woods. is) their tenth of increase, living or dead, used or sold by the owner, for the body, branches, bark, fruit, root, and branches that grow out of the root. And within this rule all fruit trees, as Appletrees, Pear-trees, Nut-trees, Walnut-trees, and the like, are to yield the tenth of their increase of fruit yearly; and if they be cut down, the tenth of the body whether sold or kept; and if they be pared, the tenth of their parings, whether sold or kept. So Tithe is to be paid of the fruit, body, bark and branches of all other trees not apt to Timber, as willows, sallowes, though they be above twenty years' growth, or of any age whatsoever, and were never cut before. So also Tithe is to be paid of Silva caedua; that is, Underwoods and Coppices selled and preserved to grow again, and which by good husbandry may grow again. And of all these things the Parson is to have the tenth part, as the owner hath, and at the time when the Owner doth receive his nine parts. But of the Underwoods' of Coppices, parings of Fruit-trees, For wood cu for his own use. or other trees cut only for mounds, or for blow gear, for hedging and fencing of the corn fields or other grounds within the Parish, or for fuel for the maintenance of the plough or pail, no Tithe is to be paid for it, although the Vicar have the Tithe wood, and the Parson the Tithe of the places enclosed. Nor is Tithe to be paid of Underwoods', which are digged up by the roots. Nor (as it seems) for the wood of Coppices or trees that a man doth cut or spend in his own house-keeping, though he spend much; by Hobbard Chief Justice. But if the Parson can allege a special custom for it, he may have Tithe for this also, M. 4. Jac. B. R. But for Timber Trees, such as are Oak, Ash, and Elm, which are esteemed Timber after they are twenty years old Timber. in all Countries: and beech, horse-beech, hornbeam, maple, aspe, and hazel, any of which may be, and are esteemed Timber in some Countries, as the usage of the Country, or the plenty or scarcity of other. Timber there is; for these, either living or dead, for their bodies, branches, bark, roots, or germines that grow out of them no Tithe is to be paid at all, in any case; but Tithe is to be paid for all this Timber wood, if it be cut within twenty years after the first planting of it. For the opening whereof (in relation to wood and trees) further, these things are to be known. 1. If the Parson have Tithe of the fruit of a tree, and the same year the owner doth fallen the tree, and make it into billets or faggots; in this case the Parson shall not have tithe for the tree, for it is a rule, that he must not have tithe of one thing twice in one year. 2 Beech in a Country where there is abundance of it, is not to be accounted Timber, nor to be tithe-free. 16. Jac. Co. B. Pinders Case. 3. Cherry Trees in Buckingham shire have been adjudged timber and tithe-free. Pasch. 17. Jac. B. R. 4. If a man lop a tree under twenty years' growth, and after suffer the body to grow past twenty years' growth, and then lop it again; in this case no Tithe shall be paid for it, though it were not tithe-free at the first cutting. Co. B. by the whole Court. Brown. 1. part. 33. 5 If would be cut to make hedges, which is not Tithable, and there be a little remaining or left of it, no Tithe shall be paid for this remnant. 6 If would be cut down and employed for Hop-poles, where the Parson or Vicar hath Tithe Hops; in this case he shall not have Tithe of the Hop-poles. 7. If a great Wood doth consist for the most part of Underwood, which is titheable, and some great trees of Beeches or other wood grow scattering amongst them; in this case Tithe may be paid, and must be, unless the usage be other wise of all both great and small together. And so if a Wood do consist for the most part of timber trees, and there is some small parcel of Underwood or bushes growing in the same Wood, no Tithe shall be paid for this underwood or bushes. Trin. 19 Jac. B. R. Adjudge 16 Jac. in C. B. leonard's Case. 8 No tithe is to be paid of Common of Estovers, the wood that he burns in his house. See for all these matters, within this point of trees and wood, Cook Rep. 11. 48, 49. 81. Plow. 470. brownlow's Rep. 1 Part 94. 2 Part 150. D & St. 169 Where and how this is to be paid and delivered, see more in Chap. 5. Sect. 1. No Tithes are to be paid of Mines or Quarries, of iron, brass, tin, lead, coals, stone, tile, brick, lime, gravel, Sect. 2. Of Mines and Quarries. marvel, chalk, and the like, which a man doth find and make in his own Land, for they are parcel of the inheritance, and the Parson or Vicar hath tithe of the grass and corn upon the ground; and it is a rule, the Land must not pay a double Tithe; and besides it is not a yearly profit. Register 51. Fitz. Nat. Brev. 53. 9 Broo. Dimes 18. No Tithes regularly are to be paid for houses of habitation, Of Houses. nor of any rent, reserved upon any demise of them, for tithes are to be paid of things that renew yearly by the Act of God. But by a special custom, or by an Act of Parliament, as in London, where the Parsons have 2 s. 9 d. out of every pound rend in lieu of Tithe, there it is good enough, Cook 11. 16. Fitz. Nat. Brou. 53. 37 Hen. 8. Ch. 12. If any barren heath, or waste ground, that is barren Of barren heath and waste ground. in his own Nature, and that cannot be fitted for hushandry without an extraordinary charge, although it may pay tithe of wool, or Lamb, or other things, or the tithe that it formerly paid, yet it shall pay no tithe of corn for seven years after they have by their Husbandry improved it, and made it fit for tillage. But if a would be grubbed up, and made fit to plough, this must pay tithe presently. So if it become barren by a sudden accident of inundation, or the like, or by being overgrown with bushes or the like, and it be reduced, this must pay Tithe presently. M. 11. Jac. C. B. Sharringtons Case, Dyer 170. 2 Ed. 6. Ch. 13. Tithes are to be paid for all new Corn-mills, be they Of Mils. wind or water Mils; and for Fulling, Paper, or Apple-mils that are common and public mills; and whether they be driven by wind or water, some tithe or other is to be paid for them. But for an old corn mill, that no tithe was ever paid for, no Tithe is to be paid, except personal tithe, as for a trade of profit, and so it will be for the other Mills. But see how it is to be paid Chap. 5. Sect. 1. Tithes are to be paid of turfs that grow in sennish and: Of Turfs. moorish grounds, when they are used for firing. Tithes shall be paid of heath, furs and broom, unless the Of heath, furs, and broom. owner can prescribe, or make good a special custom of payment of milk and calves, etc. of the kept upon the ground, M. 29 El. B. R Adjudge. Tithe is to be paid of the grass growing on the ground Sect. 3. Of grass, cut or eaten. whether it be cut for hay, or eat by cattle, to be set out according to the custom of the place. And as to this kind of Tithe these things are to be known. 1 A rate Tithe is to be paid according to the custom of the place for the feeding of Sheep and all other , (save only Oxen that labour, and the young that are bred for Oxen or Cows) as for horses and that are fatted; for tithe must be paid for these, for the pasture and profit of the , whether they go on the Common or elsewhere. 2 If two Parishes together have Common because of Rate Tithe. vicinage, and the of the one side do stray to the other side, and there a bide; in this case no tithe shall be paid for this to the Parson of the Parish where the do stray, but to the Parson of the other parish. So if sheep stray out of one into another Parish, and there cane, no tithe is to be paid for this to the Parson of that place; but if they go there by the space of one Month or more, for this a rate Tithe must be paid to that place where they are for a month together. And so in all cases where sheep go a while in one, and another while in another parish. Trin. 7. Jac. B. R. Bro●. Dism●●. 16. 3 If sheep after they be shorn dye before Easter next following, it is said no Tithe shall be paid for their wool, unless the Parson or Vicar that claims it, can allege a special prescription for it. So no Tithes are to be paid of the pelts or fells of sheep which die of the rot without a special prescription for it. Trin. 3. Car. B. R. Ashton's Case. 4 Tithe must be paid for all the grounds within the parish; Grounds let. and therefore if the grounds within the parish be let, or the herbage there be sold to a stranger out of the parish, the Tithe must be paid to the Parson, and that by the Owner of the Cattle, unless the course there be otherwise. 5 It seems Tithe is to be paid for the Agistment, that is, tracking in of of strangers in the parish: And that Agistment or rack of . to be paid by the owner of the Land that took them in, and not by the owner of the ; for the Parson may not know the owner of the , 17 Jac. B. R. But if there be any custom against it, this may prevent it, and make it payable by the stranger. 6 No tithe is to be paid for the herbage or feeding of Horses. riding horses, that the Parishoner doth use for his own riding. And if a man let out his pasture Lands, reserving the pasture for one horse to ride about his own affairs, or for husbandary, no tithe shall be paid for the pasture for this horse. But if a man keep or breed a horse or horses in his pasture to sell them, there a tithe shall be paid for the horses pasture. H. 15. Jac. B. R. Hides Case. 7 No tithe is to be paid for the grass eaten by the Plough . working Oxen or Horses about Husbandry, that are used in the parish about Husbandry. But if the Parishioner use them to other purposes within the parish, or for husbandry without the parish, it may be otherwise. M. 8. Jac. Ct. B. in Baxter's Case. 8 No tithe shall be paid for the feeding of cows that Sect. 4. Cows and barren . give milk, nor for barren and dry that are bred for the plough or pail, whether they feed in the enclosed or in the common grounds of the parish. But if a man keep until they are ready for the pail or the plough, and then fell them, and make profit of them, in this case he is to pay tithe for them; for if the owner feed his ground with that bring no profit to the Parson, he must pay tithes for them. M. 8. Jac. Co. B. Baxters' Case. Trin. 9 Jac. B. R. The whole Court. 9 If a stranger feed a ground within the parish with his S●rangers renting within the Parish. that do bring no profit to that Parson or Vicar, he is to pay Tithe for it And therefore it seems reasonable, that though it he his own ground that is the stranger, and he feed them with his own that do work in another parish, that he should pay as stranger that doth rend a ground within the parish. 10. No Tithe is to be paid of the Eamouth or after Eamouth or after pasture. after the grass is mowed and Tithe hath been paid of it, unless by covin there hath been more grass left then is usual. Nor is there any Tithe to be paid for the herbage of the that eat up the same grass, unless there be some Fraud in the case. Pasch. 17. Jac. Co. B. Adjudge. M. 6. Jac. Co. B. smith's Case. 11 No tithe is to be paid for the grass or herbage of the studs, or meers of ground at the Lands end, and adjoining to the errable Land, where the Land itself doth pay Tithe. And so if Lands lie fallow every second or third year, the Owner shall pay no tithe for the pasture of this Land, nor for feeding upon the stubble, albeit it be fed with barren . Pasch. 7. Jac. Co. B. Adjung. And yet if he keep it lay beyond the course of Husbandry, in this case he is to pay Tithe again. 12 No tithe is to be paid for the herbage of the ground whereon corn hath been sown that hath paid tithe, no more then for the rakings of the stubble, Pasch. 7. Jac. Co. B. Ranking of stubble. Adjudge. 13 If a man bring in a flock of Sheep to dung the Land, and they come by night only and lie there, no tithe is to be paid for this; but if they feed there half their time, they will be tytheable. For the time when and how these Tithes are to be paid and done, see in Chap. 5. Sect. 1. Tithes also are to be paid of all such things as come Sect. 5. in yearly by the blessing of God, and the industry of the party together. And therefore Tithes must be paid of all kind of corn sown upon the ground; as wheat, rye, Of corn sown barley, beans, pease, and the like, to be set out after the custom of the place. So also Tithe must be paid of plants, herbs, and seeds of Woad, Saffron, Flax, Hemp, and the like. And as to this, these things are to be known. 1 No Tithe is to be paid for the after rakings, or stubble of corn, when Tithe hath been paid for the corn itself, unless it be where there hath been fraud in cutting it overlong. 2 No Tithe is to be paid for the course corn, as Vetches, Tares and the like, which is eaten up by the that do the Husbandry there, whether it be eaten green or ripe, or eaten upon the ground where it groweth or elsewhere, unless the Parson have a special custom for it. 3 If Corn be sowed where Woad was sown, or where other things grew, the Tithe shall be paid of this, Change of grain. and in its own kind also. So if Woad or other things be sowed where Corn had been sowed; the Owner of the Soil must pay his Tithe, and pay it in kind of that which groweth there, as he doth in the change of wheat, beans, barley, etc. 4 If the Soil of an Orchard be sown with any kind of grain, the Parson will have Tithe of it; although he have Tithe of the fruit of the trees, for they are of several kinds. Tithes also must be paid of the calves of Kine, Lambs of Sheep, young Pigs of Sows, Colts of Mares, Kids of Sect. 6. Of and fowl. Goats, etc. Also of the cheese and milk of Cows, Sheep, and Goats, and of the wool of Sheep; and of the eggs and young of Hens, Geese, Ducks, etc. and of the honey and wax of Bees, and for dry , and fat beasts sold and killed, and according to the course of the place. But for the further opening hereof these things are to be known. 1. If the Parishioner have but nine pigs, or six calves, the Parson can have no Tithe in kind that year, without a special custom to warrant it, as in many places there is; for these things are entire, and not divideable as wool is. And therefore the Parson must have his Tithe prorata, either in money the same year, if there be any custom for it, or in kind the next year, and so reckon both the years together. M 7. Jac. Co. B. And if a Parishioner have but one Cow, or milk his Cow every second day; so that he can make no cheese, in this case the custom of the place is to be observed, so that something be paid; otherwise no custom in this case will bind: so for calves, colts, and kids, when they are under the number of Tithe in kind; and if there be no custom in it, the Parson must have the tenth whenever it comes. 2. It hath been said that no tithe is to be paid for dry Dry . bred for the plough or pail, unless they be sold away before they be put to that use; for tithe must be paid for such , and for fatting sold or killed after the custom of the place. M. 17. Jac. B. R. curia, M. 2 Jac. B. R. Webs Case. And though at first they were bred for the plough or pail, yet after fatted and killed, or sold, Tithe must be paid for them. M. 8. Caroli, by three Justices. 3 Tithe must be paid of the locks and flocks of wool, after Locks of wool. the wool made up, if they be more than ordinary, and left deceitfully, otherwise not. 4 Where sheep be removed from one Parish to another, Rate Tithe for wool of sheep, and of young . each Parson must have prorata, but under three days no rate is to be paid; as for example, If forty sheep yield eighty pound of wool, and these have been fed and lain all the year in one place; in this case the Parson of that place must have all the Tithe; if the sheep were there but half the year, than he is to have but forty pound of the wool; if three months only, then but twenty pound of the wool, and so ratably for four or five months more or less. And the Parson in whose Parish the sheep lay and fed but one month he shall have only the Tithe of the twelfth part of the wool: and if the sheep feed all the year in one parish, and lie in another parish, the Tithe shall be divided betwixt the Parsons. And if sheep come from one place, and be shorn in a place where they were not before, it seems the Tithe must be paid where the shearing is, unless it appear to be paid to the Parson of the place from whence they came. And so of the young of , lambs, calves, pigs, colts and the like, where the dam was removed from one place to another, a rate Tithe must be paid to the Parson according to the times of their abode in the several places from the times of their engendering by the month rate. Broo. Dimes 16. 5 If any have tytheable feeding in any waste place, not commonly known to be in any Parish, yet the Tithe thereof is to be paid, and to be paid to the Parson of the place where the owner of the doth dwell. 6 When the Tenth part of the milk is paid, there must be no Tithe paid of the cheese which is made of the other nine parts of the milk. And so where Tithe is paid for the cheese, no Tithe is paid for the milk. But see more of this, and when, and how this is to be paid and delivered in Chap. 5. Sect. 2. Some Tithe is to be paid of Parks, Warrens, Pools, Ponds and Dove-houses, and for Conveys, Pigeons, and Fish. Sect. 7. Of Parks, warrens, pools and Dove-houses. And some would have Conveys in a Coniger, fish in a pond, or several fishing in the nature of Predial Tithes; and that the tenth of the profit is to be allowed. But for the opening of this, take these things, 1 That where the things bring in a certain profit, and without much charge, as coneys, fish and pigeons, there is great reason the Parson or Vicar should have the full Tithe Coneys, Fish, Pigeons. of them; and in these cases a division may be easily made. 2 The Pigeons are a sensible loss to the Parson in the destruction of Corn, and good reason then the Parson should have some profit by them. 3 In some cases, as where Gentlemen have turned their fields into Conigers, and laid down their tillage, the loss of the Parson hath been notorious, and the case grievious hurtful to the Parson and Commonwealth, profitable to none but the Owner of the Land; these cases deserve no favour. 4 We conceive the Parson will have no remedy in this case by Law; and that in all these cases there is nothing to be had but what the custom or usage yields; for Deer and Coneys being wild, are not reckoned a man's own till they Ferae Naturae. are catched. And a man is to pay Tithe of nothing where, of he hath not a property, except only the personal Tithe which is a small matter. When Pheasants Partridges, Swans and such like wild things of profit become tame, it seems Matters of pleasure. they must pay Tithe, but not otherwise. And for such things of pleasure as are of no profit, as Hawks, Hounds, Apes, Thrushes, Poppingjayes and the like, no Tithe shall be paid of these. Some Tithe hath been by usage paid in the nature of Personal tithe. Trades and labours. personal Tithe for men's Trades and labours. So Fishers, Fowlers, Hawkers, and the like, not such as fish, hunt, and fowl for pleasure, but such as make a Trade of, and get by Fishing, Hunting, and Fowling, have paid. So Carpenters, Masons, and all handicrafts men have paid; so Merchants, Mercers, Drapers, and all Tradesmen; so man-servants and maid servants have paid some small matter in the nature of an offering, as the tenth of their clear gain once a year to the Parson: and this to be paid still according to the custom of the place. And for any other things, or for things tytheable out of any Land, which by the Laws, by any Privilege, Prescription or composition ought to be discharged, no Tithe is to be paid. See more of this, and how these Tithes shall be paid, chap. 5. Sect. 3. CHAP. VI When, where, and how Tithes payable must be paid and set forth, and when the Parson, etc. may take them: FOR answer to this Question in the general, the Law saith, That all Tithes and Church duties are to be yielded and paid according to the usage and custom of the place where they are to be paid. Stat. 27. H. 8. 20. 32 H. 8 7. And for Predial Tithes, the tenth part of the profits are to be set forth and divided from the nine parts in the place where they grow, before the Owner taketh away his part thereof: and the Owner is to send to the Parson, who is to send his servant when the Title is to be served, and see that it be justly done; and then the Law doth give him a reasonable time to take it away. And if Tithe be once set out and divided, the Parson, not the Parishioner must look to it, for he must bear the loss of it, if any come to it. And this setting out of the Tithe the Law saith must be effectual; and therefore if the Owner set out his Tithe, and then take it away again, this is not a good payment of his Tithe: and if the Owner sell the whole to another before the Tithe be set out, with an agreement to deceive the Parson; this is fraud, and not allowed for a good payment in Law And this must be heeded as to the manner of Tything, That the custom of the place is to be observed; for in some places the custom is to leave the Tithe in grass in swaths, in other places in windrowes, in other places in grass cocks, in other places in haycocks, and either way it is good. So for the time when, and place where, the custom of the place must be followed, but the Parson shall have reasonable time to take it away. Broo. Trespass 125. Cook 2 Part Instit. 610. To give to the Parson the Tenth Acre of wood in a Coppice, or the tenth cord (if the coards be equal) is a good Of trees and wood. payment and setting forth of this Tithe, especially if it be the custom of Tithing wood in the Country. The Tithe of the Mast of Oak and Beech, if it be sold, must be answered by the tenth penny; it is be eaten by pigs, the tenth of the worth thereof must be answered. And the most reasonable way of payment for any thing sold, is to pay the Parson the tenth penny of the money made thereof. The payment of Tithes and Church Duties in the City of London, which is 2 s. 9 d. in the pound of the rent of their Of Houses in London. Houses, is to be made according to the usage there. Stat. 27. H. 8. 20. and 32. H. 8. 7. 37. H. 8. 12. Cook 11. 16. The tithe of the new corn mil must not be the tenth penny of the rent, but the tenth measure of the corn, or the Sect. 1. of Mils. tenth toll dish, if there be no custom in it. But the Millard for his Fulling-mil, Rape-mil, Paper-mil, Iron, Powder, Led, Edge, Copper, and Tin mills; and so for an ancient Corn-mil, is to pay only personal Tithe, as for a Handicraft or Faculty. Pasch. 17. Jac. Jonson's Case. Fitz. Nat. Brev. 41. G. Coo. 2. 44. And if a rate tithe be paid for two Mills in one house, and one of them is made a Corn-mill; in this case Tithe shall be paid in kind for this Mill. And if one pair of millstones be turned into two pair of Millstones, now both of them must pay Tithe, and the privilege is lost. Brownl. Rep. 1. Part 31. The Tithe of the hay, may be set out and delivered in Of grass, cut or eaten. swaths, windrowes, or cocks, as the custom of the place is. The Tithe fruit of Appletrees, Pear-trees, & the like trees Fruits of trees as Apples, etc. are to be set out and delivered when they are newly gathered, and if then the Owner do not give the Parson notice and set them out, and they be by his means lost or impaired, the Owner is chargeable to the Parson in triple damages. The common course of setting out and delivering corn Of corn sown by the common Law, is by the tenth shock, cock, or sheaf; but if the custom of the place be otherwise, the Parson must sit down by it; and if there be a custom to put the corn into shocks, and that every shock be ten sheaves, and that the Parson must have the tenth shock; it must be done by two Justices, B. R. But without a special custom binding the Owner of the Land, he is not bound to set the Parson's part of the corn up an end in shocks. Smith's Case, Co. B. the Conrt. The tithe seeds and herbs of gardens and fields, as Rape, Of seeds and herbs. Hemp, Flax, Parsley, Fennel, and the like, and of Sage, Mints, Onions, Leeks, and the like, either of the seed, or of the herb before the seed time; this must be paid at the time when the Owner doth receive in his nine parts thereof. The time when the calves and Lambs are to be paid and delivered, is when they are weanable, and able to live without Sect. 1. Of calves and lambs. the Dam, and unless there be any custom herein against the Parson, at this time all these young things are to be delivered. And if the owner sell any calf or lamb, in most places the Parson is to have the tenth penny of the money, and so must, if there be nothing in the custom against it. And if the Owner kill a calf in some places, the Parson hath the right shoulder, and the custom must be yielded to as reasonable, if any thing though never so little, be paid for it, otherwise not. The Tithe of milk and cheese is to be paid in the season Of milk and cheese, thereof, and so long, and so soon as either of them is taken by the parishioner. The tenth measure of honey and the tenth weight of wax, not the tenth Bee, nor the tenth swarm of Bees is to Bees. be paid for Bees. The Tithe of chicken and eggs, of all kind of tame birds Of hens, ducks wild and tame. or fowl, as Swans, Hens, Ducks, Geese, they are to be delivered and paid, or that which is paid for them, according to the custom of the place. But for wild Swans, Geese and Ducks, if they be taken in, and from a certain and known place, they are said to be tytheable, as Predial Tithes; but if from incertain and unknown places, they are said to be as personal Tithes. But I suppose no Tithe is to be paid in either case. For personal Tithes, which is for Trades, Crafts, and manual Occupations, and the profit made thereby. It is Sect. 3. Personal Tithes. provided by a special Law, That all such as use trading, buying and selling, handicrafts (except common Labourers) shall pay their Tithes, as they were used to be paid forty years before the Statute of 2 Ed. 6. and as of right they ought to be paid. And for this the Parishioner doth use at or about Easter (in most places the usual time of payment for small Tithes) to pay a small sum of money to the Parson or Vicar. And according to the custom of the place men are to pay, for without a custom for it nothing at this day is to be paid for this: by three Judges. Co. B. 17. Jac. And for all, or any of these things, in case where the Owner may let or sell the thing of which the Tithe is to be had, the best way is to let the Parson or Vicar to have the tenth penny made by the sale, as they have generally of grounds let to strangers out of the parish; in which case the Parson hath commonly, and must have, if there be no custom against it, the tenth penny of the Rent. But in no case the Parson or Vicar may take his Tithe before the same be severed from the nine parts and tythed. And if the Owner will not cut his corn till it be spoiled, the Parson is remediless. 12 Ed. 4. D. & St. 169. CHAP. VII. Who must pay the Tithe that is to be paid, and may be sued for it? and to whom the Tithe must be paid? FOR answer to the first part of this Question, take these things. Sect. 1. 1. That generally he that receiveth the nine parts, is to pay the tenth part to the Parson. And yet if a main that is Owner of a Coppice, or other such like thing, and he cut it and sell it all; in this case the Seller must answer the Parson for his Tithe, and not the buyer. And therefore if A cut the grass of his ground, and put it all (not setting out Tithe) in a Rick in the ground, and three months after he sell it away to B, in this case B cannot be sued for this tithe. Hill. 16 Jac. by chief Justice, in Ashfields Case. And if one sell underwoods' standing, the Buyer, not the seller must answer the tithe. But the tithe due for fellets before the sale, the seller must answer for this. 2. If a Parishioner die before he pay his tithe, his Excutor, if he have Assets, must pay it. Executor. 3. If a Parishoner let or sell his ground or herbage, it is said the Parson may sue the Owner of the ground, or the Owner of the , at his choice, which is reasonable, if the usage be not against it. 4. If cattle be pawned or pledged, the Gagee must pay tithe for them. But if I deliver my goods to H. to be redelivered to me, I must pay tithe for them. And for answer to the second part of this Question, these things are to be known. 1. The Tithes must paid to him that hath right to them, be he Layman, as an Impropriator, or a Clergyman (as we have called them, and be he Parson or Vicar of the place. 2 The rule generally is this, That the tithe must be paid to the Parson or Vicar of the Parish wherein it ariseth, and not to the Parson or Vicar of another Parish. 3 The tithe happening in the time of the vacation, the succeeding Parson is to have it; but they that gather it in may keep up so much thereof, as to pay them their charge in the collection thereof, and to Ministers that did serve the Cure there. And if one be put into a place, and then he is removed, and another is put in, the first of these shall have the Tithes that happened in the vacation time. Hil. 18. Jac. Woods Case. 4. If any man have tytheable feeding in any waste, or place which is not certainly known to be in any Parish, the tithe thereof shall be paid to the Parson of the place where the Owner of the doth dwell. 5 If a man living in the Parish of A, being a common Fisher, Fowler, or Hunter, and fish, fowl, or hunt in the grounds of H. in B, and take fish there, if this were free and without reward in H. then it is a personal Tithe that must be paid to the Parson of A. But if H. had money or reward for this, than it is said H. must pay the Parson of B, as for a predial Tithe. 6. Personal Tithes are always to be paid to the Parson or Vicar of that place where the person that is to pay the tithes doth dwell. CHAP. VIII. Which way the Owner of Tithes, and such like things, may recover them being detained. FOR answer to this, we are to know, that by the ancient Law of the Nation, Tithes were not recoverable by any man in any place but in the Spiritual Court, and there by no person but such as they called Spiritual persons, or Clergy men, and this Ecclesiastical Court is gone. But they are now recoverable by all sorts of men alike, and in these ways, First for Predial Tithes, such as are the Tithe of wood, grass, fruit, hay, and the like divideable things; if these be not duly and truly divided and set forth, as before is showed they ought to be, the Parson or Vicar may sue for them in any of the Courts by an Action of Debt, wherein he shall recover triple damages upon the Statute of Ed. 6. But for lesser Tithes of Wool and Lamb, and the like, no Action will lie upon this Statute, nor for money given to the Parson in lieu of them. But for the one and the other, the party grieved may at this day sue in the Chancery, or in the Exchequer, or before two Justices of the Peace, who in most cases for all Tithe, Offerings, Oblations, Obventions, rates for Tithes, and all Arears thereof, are to give relief. Stat. 27. H. 8. 20. 2 Ed. 6. 13. 32 H. 8. 7. Cook upon Litt. 159: And if the Tithe be once served and set forth, and they be after taken away by the owner of the Land or a stranger; in this case the Parson may have an Action of Trespass against him. Broo. Dimes 6. Brownl. 2 Part 30. CHAP. IX. In what case, and how a person or place may be quit and discharged of Tithes: and what shall be a good discharge, or not? SPiritual persons were some of them formerly discharged of Tithe by their Order, but there are no such discharges Sect. 2. now; but a discharge of tithes may be at this day by the custom of a Country, or by a Prescription, or by a Composition, which at first was made by and between the Parson, Patron, and Ordinary, and another, or by an alteration of the place out of which the tithe doth come, or by an Act of Parliament, and by a unity of possession, Cook 1 Part 33. 2 & 3 Ed. 6. 13. 32 H. 8. 7. Cook 44. Or by privilege, as certain Religious Orders, Templars, and others, of which there are none with us. And therefore no such discharge can be amongst us at this day. Brownlow's 2 Part 33. Or they may be suspended for a certain time, and revived again. Of all which see examples in the cases that follow. A man may be discharged of payment of Tithe by a custom or prescription. Wherein these things are to be known. 1 Custom and Prescription do differ but little; custom By custom or prescription. And what is good or not. goes to a place or Country, and prescription to a person. 2 A custom applied to a Country to pay no tithe in some cases, as the custom for the Wild, being forty Parishes in Sussex, to pay no tithe, is good. But generally such a custom is not good, and a Prescription to pay no tithe, nor any thing in lieu of it, is not good, nor will it discharge, though nothing can be proved to be paid within the time of memory. D. & St. 171. 167. Broo. Prescrip. 92. Cook 2. 44. And yet one may show a discharge of his Land another way which will amount to the payment of no Tithe, nor nothing for it. 3 But any man may prescribe de modo decimandi; i. e. to pay money or other thing in lieu of the Tithe in kind for a Manor, Farm, or piece of Land; and if he can prove this time out of mind, this will discharge him. Cook 1. 44. 45. And therefore a Prescription to pay 4 d, or any other sum of money for all his Tithe whatsoever, or all his tithe hay, or all his tithe corn in such a Farm or such a Close, is good. If one prescribe that he is to put the corn of the ground in hillocks or cocks, etc. and that for this the Parson is to have no tithe corn every second year, or is to have no Tithe in some part of the ground; this is good. So if he prescribe to pay the tenth fleece of wool, and for this to be discharged of the tithe of the locks; this is a good Prescription. 36, 37. Eliz. Co. B. Jesops' Case. But if one prescribe, that because he doth pay tithe hay, he is to pay no tithe corn; or because he payeth tithe corn, he is to pay no tithe of his ; this is not good. Smith's Case Hill. 8. Jac. B. R. So if one prescribe to be discharged of Tithes in one place, because he payeth Tithes in another place; or to be discharged of Tithes of Lambs, because he payeth tithe of wool; or to be discharged of tithes of other , because he payeth 12 d for a Cow; these are not good Prescriptions. Fleetwoods' Case, 7 Jac. Co. B: If a custom be alleged, That the Parson shall have but the tenth sheaf of wheat for the tithe of all manner of corn and grain; this is not a good custom. Mich. 11. Jac. Co. B. jack's Case. 38 Eliz. Co. B. Adjudge. So a custom was alleged, That the Owners of a Farm had been used time out of mind to take back 30 sheass of their Tithe corn again after it was set out, to their own use. This was disallowed. 4 A Prescription to pay a shoulder of a Buck or Do, when they are killed, in lieu of all the Tithe of a Park, is good, and will discharge the Park. 3. 7 & 37 Eliz. Shipdams' Case. And although after the Park be discharged, and converted into tillage or hop ground, yet it is held that the Parson shall not have Tithes in kind, but the discharge shall continue. M. 5. Jac. Co. B. Adjudge. M. 11. Jac. Co. B. Cowpers Case. 5 A Prescription to pay a less part than the tenth part, Sect. 2. may be good and binding. 6 A Prescription that if one have less than seven Lambs, he shall pay but 1 d a piece sor them, is good. Curia. 7. Jac. B. R. Patches Case. 7 A Prescription to be discharged of Tithes for every house in London. in lieu of 12 d of the rent made of the house, is good. Cook 11. 16. And so for any other thing that may be conceived to have a reasonable Commencement, the Law will admit it. 8 One may prescribe, That he, and all those whose estates he hath in the Manor of Dale in Dale, time out of mind, have paid to the Parson of Dale for the time being a certain Persion yearly for the maintenance of Divine Service there, in satisfaction of all the Tithes arising and growing within the Manor of Dale; and prescribes further, That he and all those whose Estates he hath in the said Manor, time out of mind, have been used in regard of the said pension so paid to the Parson, to have all the Tithes happening and arising within the said Manor or any part of it; viz. of all the Lands held of the said Manor or any parcel of it; this is a good Prescription, and may have a reasonable beginning thus, That the Lord was seized of all the Manor before the Tenancies derived out of it, and by some good Composition or Grant between him, the Parson, Patron, and Ordinary, it was granted to him in lieu of this money, which must be intended because time out of mind it hath been so paid. Cook 7 45. But without some special matter alleged, a Lord cannot prescribe after this manner in him and all those, etc. generally. 9 Also a Parishioner may be discharged of Tithe by an agreement with the Parson; if he be a Spiritual Person, he may discharge it for his life; if he be an Impropriator, he may discharge it for all the time he hath the Parsonage. But a spiritual Person cannot by his agreement bind his successors. And payment of a sum of money in lieu and recompense of tithes for sixty years, or thereabouts, is held a reasonable time to make a Prescription. Cook upon Litt. 14. Crompt. Jur. 77 Dyer 7. 9 Tithe may be discharged by the alteration of the place or Sect. 3, By an alteration of the place or thing out of which the tithe doth come, or by other alteration. Whether gone or not. thing out of which the tithe is to come. For the opening of which take these things. 1 If one prescribe to be discharged of payment of tithe hay for such a ground, or the tithe corn of such a ground, and the owner change the nature of the ground, the pasture into tillage, or tillage into pasture; in these cases the Prescription is gone. Hill. 7. Jac. B. R. Shipton's Case, adjudge. But if the Prescription be general, 4 d for all manner of tithe arising in such a ground, there the alteration will not hurt the prescription. So it is if one prescribe to pay the shoulder of every Buck and Deer of his Park for all manner of Tithe of the Park, and the whole Park be after disparked and sown to corn, it is said the Prescription is gone, and that Tithes must now be paid in kind; but if any part of it remain a Park, and the rest only be sowed, it is otherwise. 36 37 Eliz. Shipdams' Park in Norfolk. So it is said, if all the Parks be suffered to fall down, which is a disparking in Law of the Park, yet the same doth not destroy the manner of tithing, for the same may be a Park again: But some doubt of this. And a difference hath been taken, where a Prescription runs to so many Acres of Land certain, for in that case the modus continueth: and where to the Park in the name of a Park, in which case it is gone if it be disparked. Pasch. 19 Jac. Co. B. Pools Case. and in Brownl. Rep. 1 Part Pasch. 10. Jac. Co. B. 35. It is doubted whether the Tithes be not gone in both cases; and held, That if a man can prescribe for so many bucks, that this Park is discharged, and if it be disparked, that the prescription is not gone. 2 And if two Fulling mills be under one roof, and a rate Tithe be paid for the mills (which is a kind of prescription) and after the mills are altered, and made into one corn-mill, in this case the prescription is gone, and tithe shall now be paid in kind. So if there be but one pair of stones in the mill, and after there is another pair of stones put in the mill; now tithe must be paid in kind, and the manner of tithing is gone. Brownl. Rep. 1. Part. Pasch. 10. Jac. 31. 3 If I have the Tithe of the hay of a close, or all manner of tithe there, and the owner of the ground turn it from Meadow to tillage, or to hops, or the like, or turn it from tillage to pasture, the tithe is not gone, but shall be paid in kind as it falleth. So if one turn wood ground into meadow or tillage, the owner shall pay Tithe in kind, and tithe is not lost hereby; only if it fall out to be within the case of barren heath, he shall pay for seven years no more than was paid formerly for it. See it before. Pasch. 18. Jac. B. R. Court in Baxter's Case. 4 If one be to pay a sum of money for the Tithe of a piece of ground, and the ground be after turned to houses and gardens; in this case the manner of tithing doth continue. Cook 11. 16. 5 If one turn his pasture into a Coniger, and make coney-borrowes in it, the Tithe will not be gone. But I conceive, it doth continue as it did for the manner of Tithing as before, and no new manner of Tithing. See before Tithe of Coneys. M. 13. Car. B. R. 6 If the Vicar keep the Glebe in his own hands, it is said, That so long he is to pay no Tithe to the Parson impropriate. But if he lease it to another, than the Lessee must pay tithe to him, and if he sow the Land, that he must pay tithe as other men. Brownl. Rep. 69. 7 If a Parson impropriate keep his Glebe in his own Suspension. hands, he cannot pay tithe to himself. But if he sell or let it to another, he shall pay lithe as other men. And if a Parson purchase Land within his Rectory, no Tithe is to be paid for this whiles it is in his own hands. But if he after leasethe Parsonage; his Lessee shall have tithe of this new purchased Land. And if he make a Feoffment or Lease of the purchased Land, his Feoffee or Lessee must pay tithe again. Cook upon Litt. 139. 11, 14. Broo. Dimes 17. Dyer 43 And if one purchase a Parsonage and a Manor in the parish discharged of Tithes, and then lease part of the demeshes of the Manor; it is said the Lessor shall have tithe of this part. Breo. Dimes 17. Sed quare of this. 8 If Land lie in a Forest in any parish, and is tithe free, and the Forest be disafforested, now it shall pay Tithe in kind. Crompt. Jur. 52. Lord Ch. Baron at Sarum Assizes. The alteration of payment (as if in stead of the money to be paid, another sum, or Tithes in kind have been paid for twenty years passed) will not destroy the Prescription. Cook upon Lit. 14. Dyer 7. Lands may be discharged from payment of tithes by a unity Sect. 4. By Act of Parliament and unity of possession together. Whether gone or not. of possession of the Parsonage, and Lands which did pay Tithes, by an Appropriation or otherwise, in the hands of Religious and Ecclesiastical persons, (as they were called.) So that now at this day by the Statute of 31. H. 8. 13. Such a unity in the said Religious houses and persons will be a discharge to all Patentees from the payment of Tithes of Lands, that came to the Crown by the same Statute. But then this unity in the said Religious persons must have been Justa, obtained by Right; for if either the Parsonage, Vicarage, Tithes or Lands had come or been united to their houses by disseisins, or other tortuous and unlawful Acts, this had not been a good discharge within the Statute. 2 It must have been aequalis, there must have been a Fee-simple both in the Lands out of which the Tithes were to be paid, and in the Parsonage or Vicarage in them; for if the Abbots, Pryors, or other Religious persons had held but by Lease, that had not been such a unity as the Statute intended: 3 It must have been libera, free from the payment of any Tithes, for if their Farmers or Tenants, at Will or years, had paid tithes, that had not been a sufficient unity to have discharged the Land. 4 And lastly, It must have been perpetua, time out of mind. And then for the infinite impossibility, and impossible infiniteness that such Immunities and discharges, that such religious persons and houses had before time of memory could not be known; such a unity had been a good discharge of the Lands in their own hands. And if the Monastery were built in the time of memory, or appropriated within the time of memory, and tithe were paid before this, it will not serve turn to discharge it. And at this day such an unity is a good discharge for the King's Patentees, with the Statute of 31. H. 8. But such Lands as came to theCrowne by the Statute of 27 H. 8. of Dissolution, must at this day pay Tithes, although the Lands in the hands of such Religious persons or houses were discharged from the payment of Tithes; for the privileges being personal privileges, were extinguised by the Statute of Dissolution, and there are no words in that Statute to save them. Sta. 31 H. 8. 13. 7. H. 4. 6. 32. H. 8. 7. Cook 11. 14. 2. 42. Dyer 278 349. 277. CHAP. X. Of other Profits which the Parson and Vicar doth claim. THere are some other small profits which Parsons and Vicar's claim as belonging to their Parsonages and Vicarages beside Tithe and money in lieu of Tithe, as Mortuaries, Oblations, Obventions, etc. And as to Mortuaries Mortuaries. these things are to be known. 1 That no Mortuary is to be paid, but where it hath been used to be paid. 2. There shall be but one Mortuary paid, and no more, 3. No person that doth keep house must pay them. 4 No woman that hath a husband shall pay them. 5 No children must pay them. 6 Where they are to be paid, they must be paid after this proportion; viz. he that dyeth having goods under Ten Marks shall pay nothing; for Goods above that value, and under Thirty pound, but three shillings four pence; for Goods above Thirty pound, and under Forty pound, six shillings eight pence; for goods above Forty pound, how much ever it be, but Ten shillings. 7 All this account must be made only out of the Goods remaining after debts paid. 8. The Parson of the place where the party dwells, no of the place where he dyeth, must have it. Stat. 21. Hen. 8. 6. 26. Hen. 8. 15. There is no more to be said for Obventions, Oblations, Oblations, Obventions, and Ofterings and Offerings, which seem to be all one, but that they by the Law now in force are to be paid as formerly they have been: Stat. 32. H. 8. 7. 27 H. 8, 20. 2 & 3 Ed. 6. 13. Cook 11. 16. FINIS.