Decimarum et oblationum tabula. = A tithing table Or Table of tithes and oblations, according to the Kings ecclesiasticall lawes and ordinances established in the Church of England: now newly reduced into a booke. Contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. Compiled by W.C. Bach. of the Civill Lavv. Tithes and oblations according to the lawes established in the Church of England W. C., Bachelor of the Civil Law. This text is an enriched version of the TCP digital transcription A17509 of text S109042 in the English Short Title Catalog (STC 4323.6). Textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. The text has been tokenized and linguistically annotated with MorphAdorner. The annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). Textual changes aim at restoring the text the author or stationer meant to publish. This text has not been fully proofread Approx. 77 KB of XML-encoded text transcribed from 32 1-bit group-IV TIFF page images. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2018 A17509 STC 4323.6 ESTC S109042 99844692 99844692 9526 2240875636

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Early English books online. (EEBO-TCP ; phase 1, no. A17509) Transcribed from: (Early English Books Online ; image set 9526) Images scanned from microfilm: (Early English books, 1475-1640 ; 1347:10) Decimarum et oblationum tabula. = A tithing table Or Table of tithes and oblations, according to the Kings ecclesiasticall lawes and ordinances established in the Church of England: now newly reduced into a booke. Contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. Compiled by W.C. Bach. of the Civill Lavv. Tithes and oblations according to the lawes established in the Church of England W. C., Bachelor of the Civil Law. Clark, William, Bachelor of the civil law, attributed name. [64] p. Printed by Thomas Purfoot, London : An. Dom. 1633. W.C. = William Clark? Also erroneously attributed to William Crashaw. A revision of: Tithes and oblations according to the lawes established in the Church of England. Signatures: A-H⁴. Identified as STC 6012 on UMI microfilm. Reproduction of the original in the Henry E. Huntington Library and Art Gallery. eng Tithes -- Great Britain -- Early works to 1800. eebo Decimarum et oblationum tabula. = A tithing table. Or Table of tithes and oblations, according to the Kings ecclesiasticall lawes and ordinances estab Clark, William, bachelor of civil law 1633 64 13298 8 0 0 0 0 0 6.02 B The rate of 6.02 defects per 10,000 words puts this text in the B category of texts with fewer than 10 defects per 10,000 words. 2005-02 Assigned for keying and markup 2005-05 Keyed and coded from ProQuest page images 2005-06 Sampled and proofread 2005-06 Text and markup reviewed and edited 2005-10 Batch review (QC) and XML conversion

A

HONI SOIT QVI MAL Y PENSE

DIEV ET MON DROIT .

DECIMARVM ET OBLATIONVM TABVLA .

A Tithing Table . OR Table of Tithes and Oblations , according to the Kings Ecclesiasticall Lawes and Ordinances established in the Church of England :

Now newly reduced into a Booke .

Contayning as well the very letter of the Law vnder which these rights be seuerally comprised , together with such Questions of Tything , and their Resolutions by the Lawes Canon , Ciuill , and approued Doctors opinions of the same , as be ordinarily moued , and which dee often proue to controuersies heerin :

As also a briefe and summarie declaration of Composition , Transaction , Custome , Prescription , Priuilege ; And how they preuaile in Tything .

Compiled by W.C. BACH . of the Civill LAW.

LONDON , Printed by Thomas Purfoot . An. Dom. 1633.

ANNEXED HEREVNTO SVMMArily , such Statute Lawes of the Land concerning these rights , as haue been herein authorised , and now doe remaine in their force accordingly .

To the easie and plaine instructions of all the Kings Subiects Ecclesiasticall or Lay , within his Maiesties dominions , interessed , whether in these rights to demand them , or bounden to performe the same .

Eccl. 25.

Hallow thy Tythes vnto God with gladnesse :

Prou. 3.

So shall thy Barnes bee filled with plenteousnesse , and thy presses flow over with sweet Wine .

THE PREFACE .

THE Canon and Civill Lawes ( Christian Reader ) since first K. Henry of happy memory the Eight , dismembred their bodies , a a 25. He. 8.19 and restored to the Diadem of the Land ( over the state Ecclesiasticall ) the Ancient Iurisdiction of the Crowne , they haue and do lie hidden , such of them as K. Henry then continued , and K. Edward b b 2. Ed. 6.13 . that succeeded him , Intituled in his Raigne the Kings , and afterwardes were the late Queenes deceased , and as they bee now tearmed , The Kings Ecclesiasticall Lawes , ( the former statutes revived by Her Maiestie , c c 1. Elizab. ● in the first yeare of her Raigne ) they have , these Lawes , and doe lie hidden in manifold , darke , and dangerous corners , in practise onley familiar in Consistories , and their knowledge to the Countries obscure : hence are the manifold vntimely Customes and Prescriptions that wee have : I inveigh not against them , neither custome nor prescription , that bee perfect now and in their perfect being , I would not be taken , or rather mistaken so : but they be weeds in their growing & all their ingendring time , wherein ( only ) they give place to prevention : they bee Lawes of themselues ( in their ripenesse , inviolable d d Glo. & DD in c. vigilanti de praescrip. . If therefore some insight into these lawes , and knowledge succeeding this long obscurity , may worke another effect in the time to come , none can say vprightly now that he is , may be , or his posterity after him ( if not benefited ) damnified thereby : happily I may be charged ( in translating ) to haue damnified the Lawes , I haue shadowed ( I confesse ) their first and originall grace , such beauty haue they and elegancy too , in the Latine tongue : but I write to English-men ; and such as not so much affect to heare of the beauty , as they be desirous to vnderstand the benefit of their Lawes : for such I haue framed this Tything Table , and replenished ( as my slender skill would serue ) the same , with necessary , dispersed , and scattered lawes , not hurtfull , considered as they be delivered , nor preiudiciall to the Royall prerogatiue , nor repugnant to the Lawes , Statutes , nor Customes of this Land . Tythes ( by sale ) be turned into chattels e e Art. cler. 9. Ed. 2.1 . , and made of spirituall , temporall things : in debate ( of the right of patronage ) in Tythes , and exceeding the fourth part of the value of the Church f f 9. Ed. 2.2 . 34. Ed. 1.1 . de coniunctim feosatis . , where great wood is demanded in the name of Silva Caedua g g 45. Ed. 3.3 . , in Tythes and Oblations , where there is any state of Inheritance h h 3. Hen. 8.7 . , and where they be demanded , and be neither due nor accustomed i i 13. Ed. 1. circ. agat . , the Kings prohibition doth lie in all these cases and no consultation : otherwise , and without such temporall mixtures , prohibition hath no place k k Fitz. de natura brevium , Fol. 50. de consultatione . : but the Iudge Ecclesiasticall hath power to proceed , notwithstanding the Kings prohibition l l 9. Ed. 2. circumspectè agatis . 13. Ed. 1. . Conceiving them therefore ( Christian Reader ) as they be meant , and mentioned to be presented vnto thee , viz. As they be meerely spirituall Tythes and Oblations , and without any Temporall mixture , thou shalt not misconstrue the Author , nor deceive thy selfe . Farewell .

LONDON the Twenty ninth of Aprill . 1591. The Readers ( ever ) in the LORD , W. C.
A briefe Collection of the Letter and tearmes of the Law , with their seuerall Expositions in English ; and of all such questions of Tything which be mentioned and contayned 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 . i. Of. Harvest fruites , sowne , mowne , reaped , gathered , bound or loose in Heape , shocke or sheafe .

1 When they be tithable , and such other praediall Tithes , whether it be lawfull 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 wast grounds to be tilled , whether the stranger that prescribeth , or the Church where the grounds doe lie , shall reape the Tithes ?

3 If one shall haue right of tyth in a wood , and that wood become afterwards arable ground , whether his right continueth in the Corne ?

The second Question . i. Of woods felled ; and preserved to grow againe . i. Of wood not in vse , nor apt for Timber , but for fyring . i. Of trees planted for fencing of grounds , in fields , pastures , and hedge-rowes . i. Of Turues growing in fennish & moorish soiles as in the Isle of Ely .

1 Wood of 20. yeares growth and vpward , whether it bee tithable or not ? And what of lopping of timber trees ?

2 When woods be felled and sold , who shall answer the tith ? the buyer , or the seller ?

3 If the inheritance of a wood be sold , that is in arrerages for tyth , whom the Parson may implead ?

4 Turues , amongst what tythes they be reckoned ?

The third Question . i. Of pasture grounds .

1 If they be fed , how the tith shall be answered ?

The Fourth Question . i. Of Hay .

1 Hay , of what places ? and what Tyth it is ?

The Fift Question . i. Of Wooll .

1 Whether the sheepe of Sons and Daughters be tithable ( or not ) with their fathers flocks wherein they do goe ?

2 Where sheepe bee remoued from one Parish to another , how the Tith is divided by rate and proportion of time ?

3 If strange sheepe bee brought to another parish and there be clipped or shorn , how they be tithable there ?

The Sixt Question . i. Of Lambs . i. Of Calues . i. Of Pigges . i. Of Colts .

1 Whether the Parson may expect his Lambe ( the next yeare following ) if the parishioners number in any one yeere amounteth not to ten ? And what , if he fayleth then ?

2 When Yeawes be remoued , and other such cattell and beasts from one parish to another , how the severall Churches be interessed in the Tyth of their Lambs , and such other increase .

3 Of Lambe , calfe , Kid , colt , pigge , &c. and when is their tythable time ?

The Seuenth Question . i. Of Milke . i. Of Cheese .

1 Milke and Cheese how ? and when they be tythable ?

2 If Cattell feed in one Parish and couch in another , how the profits be tythed ?

3 Where Cheese is tythable , and the number of Cattell so small that none can bee made ; how the tyth shall bee answered for their small proportion ?

4 Where Milke of sheep is tythed in kind , how they be tithable ( for their pasture ) in the Winter when they doe yeeld no such profit ?

The Eight Question . i. Of Fruites of Trees .

1 Of Apples and other such fruits of trees , what of their tythable time ?

The Ninth Question . i. Of seeds : Hempe , Flax , Onions , Rape , and such like . i. Of Pot-hearbs . i. Of places adioining to mansion houses , applied to seeds and hearbs .

1 Of Seeds and Hearbes what manner of tythes they be ?

The Tenth Question . i. Of mast , of Beech , or Oke , or such like .

1 Of Mast , what , when it is given ? and what , when it is sold ?

The Eleuenth Question . i. Of Mils , forced by wind , water , &c. i. Of Parkes , Warrens , pooles , ponds , &c. i. Of wild beasts vnder custody &c. i. Of Doue-cotes , or houses . i. Of Bees .

1 What manner of tithes they bee ? And how they be tithable ?

The twelfth Question . i. Of Fowlings . i. Of Huntings . i. Of Fishings .

1 Beasts , Fishes , Fowles , how ( diversly ) they be tythed , ( diversly ) considered .

The thirteenth Question . i. Of Swannes . i. Of Geese .

1 Of Swannes , Geese , Ducks , and how they be considered of .

The fourteenth Question . i. Of Egges .

1 of Egges , where Tythes bee yeelded , whether chickens be tythable there ?

The fifteenth Question . i. Of Crafts , and manuall Occupations . i. Of Trades by wares , Marchandise , &c.

1 Of personall Tythes , what time , place , and persons , be required in them , and of whom the Church is forbidden to receiue either personall Tyth , or Oblation ?

The First Question . i. Of Harvest fruites , sowne , mowne , reaped , gathered , bound or loose , in Heape , shocke or sheafe .

1 When they be tithable , and such other praediall Tithes , whether it be lawfull 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 wast grounds to be tilled , whether the stranger that prescribeth , or the Church where the grounds doe lie , shall reape the Tithes ?

3 If one shall haue right of tyth in a wood , and that wood become afterwards arable ground , whether his right continueth in the Corne ?

Questions of Tithing , and their Resolutions . The First Question .

1PArishioners out of their Haruest-fruits ; specified vnder the word Frugibus ( before their Tythes assigned of the same ) diminish their fruits , some one way , some another : admit to godly or prophane vses : or ( as their manner hath beene ) to the satisfying therein that labourers their wages . The question is , whether this be lawfull ? It is answered , A fraud vnto the Church : For this alowance ( If any such be ) not otherwise ought to be made , than forth of the Nyne parts : and the reason is , Decima debet solui sine diminutione , &c. Tyth must be payd without any diminishing a a c. Cum homines de decim . Glo. c. erroris damnabilis . Const. prou. Ang. de dec . ver. errore calculi . .

2 The Parson of the Rectorie of A ( iure praescriptionis ) i. by right of prescription , hath interest in and to the prediall Tythes of the Parish Church of B , where there bee converted ( into tillage ) diuers barren , heath , and wast grounds , that neuer before yeelded any profit to the Church : The question is , ( now ) of these Tythes , and which of the Churches shall haue them ? It is answered , that the Parish Church of B shall haue these Tythes , because they bee Decimae noualium , i. Arising of such grounds that neuer were manured nor yeelded before any profit at all to the Church : and the reason is , by the foundation of euery Church , the Tythes in generall of that and every Parish , are due to their owne proper and peculiar Church b b c. Cum contingat . vbi glo . & DD. eod. . Now , for as much as the Church of A could neuer before be in Possession of the Tythes of these wast grounds , because they neuer were in being c c l. Sine possessione . ff. de vsucap . , and that the Law is , that Tantum praescriptum est , quantum est possessum , & non plus , i. So much ( and no more ) in prescription , than in possession d d l. Quod meo . §. fi . ff. de acquir . posses . cap. Auditis de praescript . : And again , in that prescription is not extended ad futura , i. It reacheth not vnto profits of tythable grounds to come e e Pan in vlt. notabili . in d. c. cum contingat . , Summae aequitatis est , &c. i. The premisses considered , it standeth with great equity , in this case , that the Church of B shold reap & perceiue these tiths f f Host. Io. And in d. c. Cum contingat . .

3 But note , it is otherwise where one shall be in possession of the Tyth of Corne , or of Pasture , or of Wood , or of any prediall Tythes whatsoeuer arising in the grounds wherein he prescribeth , howbeit afterwardes there bee planted or set or sown in the same any strange plant , seed , or hearbe , that neuer grew before in these grounds . For example : Millet is sowne or Saffron , where Corne hath beene sowne vsually and euer before , and as the maner is , in some parts of this Land to sow in their Pasture grounds the Hearb that is called Glastum or Isatis , Caesar writeth of the old Brittons that they vsed with this Hearbe to smeare their faces , to the end to seeme terrible to their Enemies in Warre : we call it in English Wadde or Woad . Againe , Apples , or Nuts , bee newly planted where neuer they grew before : and so Ex nemoribus , i. Of Woods that be conuerted to arable grounds : the Tythes in all these cases bee payable as before they were of the former fruites , and to whome the former fruites were tythable before , namely , to the Parson or Church that prescribeth , and the reason is , viz. Praescriptio est realis censenda . i. Terram concernens , non speciem fructuum perceptorum , i. Prescription is reall , that is to say , respecting not the new or neuer tithed fruits , but the tythable grounds that bringeth them forth g g Ancha . in c. Cum in tuade deci . & Ant. But. in d. c. Cum in tua●●d . : In respect whereof , that is , of the grounds , the tythes whereof forepassed , haue beene ( without discontinuance or other interruption ) continued and possessed , it is thus affirmed ( in these cases ) of prescription , viz. Praesciptio extenditur ad particularitatem iuris apprehensi , sub vnico iure vt vniuersali , i. Prescription is extended to euery particularity of right apprehended , as it were , vnder that particular , as generall h h Ant. But. in c. praeal . otherwise it should be in potestate serentis , i. In the owners power ( changing the fruits ) to prevent anothers right in the Tythes of his certaine , knowne , and tythable grounds : contrary to the rule of the law , viz. Id quod nostrum est sine facto nostro à nobis avelli non potest , i. That which is mine cannot ( without my fact ) be taken from me i i ff. de reg. 〈◊〉 . . Looke the statute De noualibus , i. Of barren , heath , and waste ground , 2. Ed. 6.13 . And looke the statute for prediall Tithes , and Tithable places , 2 Ed. 6.13 .

The Second Question . i. Of woods felled , and preserved to grow againe . i. Of wood not in vse , nor apt for Timber , but for fyring . i. Of trees planted for fencing of grounds , in fields , pastures , and hedge-rowes . i. Of Turues growing in fennish & moorish soiles as in the Isle of Ely .

1 Wood of 20. years growth and vpwards , whether it bee tithable or not ? And what of lopping of timber trees ?

2 When woods be felled and sold , who shall answer the tith ? the buyer , or the seller ?

3 If the inheritance of a wood be sold , that is in arrerages for tyth , whom the Parson may implead ?

4 Turnes , amongst what tythes they be reckoned ?

The Second Question .

1Of Woods and wood , contayned and specified vnder the words Silvis caeduis , Lignis , Thenitijs agrorum , some of them exceed the growth of Twenty yeares , and some of them not felled within the memorie of man , peraduenture not of an hundreth or two of yeares : there groweth a question of such Woods for the Tythes of the same : It should seeme , the parishioner herein may plead for the one ( against the Parson ) the statute of Silua Caedua , that exempteth wood of Twenty yeares growth and vpwards , from the payment of tythes : and ( for the other ) both the Statute and prescription , in that the Tythes therein were neuer performed : interpreting the Statute no further than the Statute explaineth it selfe : It is answered by the Canons alleaged , so farre forth ( with protestation ) and no further , then the statute shall permit , that wood not in vse nor apt for Timber is tythable , body or bough , felled or lopped k k c. Quanquàm . Prouin . ang. eo . vbi . elo . in ver. excisis . . As for prescription , it is answered , Praescriptio locum habere non potest , vbi illi cui ius competit agere non potest , cum cesset materia de qua experiatur , i. Prescription hath no place , where the interessed ( in his right ) can make no demand , the matter ceasing wherevpon he should worke : for example , Of wood neuer cut , the Tith could neuer be demanded l l Gloss. cap. Sancta ecclesia . prouin . ang. eo . ver. arborum . ad hoc l. arbotibus ff. de vsusr . . But whether the loppings or bootes of such trees the which the Common Lawes of the Realme account timber be tythable or not , is not yet decided by that Law .

2 It is a question , when Woods so selled bee sold , who shall answer the Tythes , the Buyer or the Seller ? It is answered , The Buyer m m Ext. de decim . c. Pastoralis . shall answere the Tyth : and the reason is , Decima sequitur fructus , & cum onere fructuum decimae transferuntur in alterum , i. Tythe doth follow the fruits , and fruits bee translated into anothers right together with the burthen of Tythes n n c. Praeal . cod . .

3 Where the Inheritance of a wood is sold , the Tythes whereof for certaine yeares forepassed , by the Seller hath been detayned 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 owne choyce o o Pet. de ancha . & DD. e. cum homines eod . , but he can recouer but of one p p Ar. and hoc de re iud. c. Bona fide . li. 6. Glo. prouin . Ang. de decim . ver. asportant . . But by the statutes of the Land , the Seller only , in this case , shall bee impleaded and sued vnto treble damages , 2 Ed. 6.13 . And not the buyer who tooke not the Tyth away .

4 De Turvis , i. Of Turues , they be tythable , and comprehended vnder the word Lignis , because they be so applyed , that is , for fyring q q ff. Deleg . 3. l. Ligni § lignorum verb. quid mirum . , and reckoned in the number and amongst prediall Tythes .

The Third Question . i. Of pasture grounds .

1 If they be fed , how the tith shall be answered ?

The Third Question .

1Of Pasture grounds , when they be fed , it is a question how the Tyth shall bee answered ? It must bee considered whose the grounds be , whether the owners of the cattell that fed them , or a strangers of another Parish . In the first case , if the cattle be such that yeeld profit to the Church , the tyth is satisfied in the fruits of the beasts r r Inno ext . de decim . c. commissum . . In the other case , it must be considered of the stranger , whether he selleth or giueth franckly to the owner of the cattle , the pasturage of his grounds : the stranger if he sell it , is answerable for the Tenth Penny : the Parishioner , if freely he receiueth it , is answerable for the estimation s s c. Preal eod . . But note , the estimation shall not be answered , but where the grounds with beasts be fed , Nullam Ecclesiae vtilitatem alias , &c. i. Yeelding otherwise no profit at all to the Church , of which sort be Horses , Oxen , and such other barren Beasts . In other profitable cattell , the tyth is intended ( as aforesaid ) to be answered in the fruits t t Iuxt . notae , per Inno. vt sup. glo . ver. diuidenda . prou. an . co . . But note , that generally the occupyer of the Pasture is to pay the Tyth , and so is the Custome .

The Fourth Question . i. Of Hay .

1 Hay , of what places ? and what Tyth it is ?

The Fourth Question .

1 DE Fenis , i. Of Nay , according to the exposition of the word , the tyth is payable , viz. Of the grasse withered or greene , perceiued and taken in Meddow , Pasture , great or small , or in other place , places , or angles ( so within the limits of the parish ) wheresoeuer u u Prou. ang. c. quoniam propter § volumus . : Question hath been moued of this Tythe to this effect , that is to say , whether it be prediall or personall : It is answered to be prediall x x Ancha . cap. peruenit . eod. : For how be it the industry and labour of the person may seeme and be alleaged more to preuaile ( as they tearm it ) in the making thereof , then the nature of the ground , yet in that it is perceiued of the ground , and gathered of and from a place certayne , in some one or other knowne , certaine , and limited Parish , it is tythable as other prediall Tythes be y y Ad hoc c. pastoralis . ext eod. , that is , to that Parish Church where the grounds doe lie , without Deduction of charges .

The Fift Question . i. Of Wooll .

1 Whether the sheepe of Sons and Daughters be tithable ( or not ) with their fathers flocks wherein they do goe ?

2 Where sheepe bee remoued from one Parish to another , how the Tith is divided by rate and proportion of time ?

3 If strange sheepe bee brought to another parish and there be clipped or shorn , how they be tithable there ?

The Fift Question .

1OF profits and increase of such profitable Beasts before mentioned , and specifyed in particular vnder the words Lana Agnis , question is moued to this effect , There be in one Familie diuers persons hauing to the number of 3 , 5 , 6 , 8 , or 10 Lambs or fleeces of woll more or lesse , their sheepe be depastured and so be reputed part and parcell of the flocks wherein they walke , couch , and do feed : The question is of their Tythes , whether they be tythable with the flocks , or in their seuerall parcels ? It is answered , In their seuerall 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 mens flocks , doe remaine notwithstanding proper and peculiar vnto those , not whose be the flocks , but whose be the beasts z z c. 1. Cle. e. . Howbeit in Countries where persons such as Sons , & Daughters , in their Fathers power , gouernement , maintenance , and finding , shall haue such beasts or cattle intended in Law , and counted in bonis profectitio & aduentitio , i. Accruing 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 vse and fruits , the bare property remayning to the Children , the tythes of these beasts shall bee reckoned with their Fathers a a Arg. ad hoc ff. per quas personas nobis § 1. , and not in their seuerall parcels , and the reason is , Vt ipsarum rerum quae in fructu sunt & patri adquiruntur , pater soluat decimam , &c. i. Of things in increase and procured to the father , so shall the father be answerable for the tyth b b Glou. prou. ang. de dec . ver. decima lanae . , the property notwithstanding reserued to him or her to whom it belongeth , his son or daughter . But for that Patria potestas , i. That legall power and prerogatiue of Fathers is not in vse , neither yet Profectitium nor Adventitium peculium are knowne in England , the beasts of Sonnes and Daughters here mentioned ( in respect of their tyth ) shall not be reckoned with their fathers cattle , but as the cattle of other strangers : and what is giuen by the Father to the Sonne or to the Daughter , is their 〈◊〉 , except the Father by expresse words shall reterne the fruits of such cattle so giuen , to himselfe .

2 Where such cattle be remoued from Parish to Parish , and question be made what proportion of the tythes is due to each Parish , the custome of the place must be obserued : otherwise the law is , viz. Quaelibet Ecclesia pro rata temporis portione decimas percipiet , i. Euery Church shall receiue it tythes by rate and proportion of time : but the question is , of what space this rate and proportion is meant ? It is answered , of xxx . dayes , and so to be rated by Thirties from Thirty to Thirty , Minori triginta dierum spatio in rata temporis minimè computando , i. Under or lesse then the space of xxx . dayes not to be counted in rate and proportion of time c c Text. prouin . ang. ca. quoniam vt audivimus . eodem . : for example , The Parishioner hath Forty Sheeps which yeeld him at shearing day Fourescore Pounds of Wooll : that Church is interessed intyrely in the Tyth in whose Parish the whole yeere they couched and depastured : that Church in the halfe , that is , in the tyth of Forty pounds where the halfe years they couched and depastured : that Church in Twenty pounds where they couched three months and depastured : and so ratably foure months , fiue months , more or lesse accordingly : and that Church in whose Parish they couched and depastured but One Month , that is xxx . dayes , but in the tyth of the Twelfth part thereof , that is , of the whole Fourescore pounds , but the Tenth of Sixe Pounds and a halfe , and vnder thirty dayes as afore is sayd , no allowance at all d d d. c. Ver. sed si oves . . But note , if the whole time they couch in one Parish , and depasture in another , the Tyth shall be diuided e e § si vero . const. preal . .

3 If peraduenture they come from a strange and vnknowne place to any Parish to bee clipped or shorne , there the tyth must bee payd , except it may appeare the same to be satisfied to the Church whence they came f f § & si oves const. ead. .

The Sixt Question . i. Of Lambs . i. Of Calues . i. Of Pigges . i. Of Colts .

1 Whether the Parson may expect his Lambe ( the next yeare following ) if the parishioners number in any one yeere amounteth not to ten ? And what , if he sayleth then ?

2 When Yeawes be remoued , and other such cattell and beasts from one parish to another , how the severall Churches be interessed in the Tyth of their Lambs , and such other increase .

3 Of Lambe , calfe , Kid , colt , pigge , &c. and when is their tythable time ?

The Sixt Question .

1FOr Tythes in profitable beasts , the Parson may expect the fall of the Tenth the next yeare following , if the number in any one year amounteth not to Ten , according to the text of the constitution g g Text prouin . ang. ca. quoniam propter de decim . , viz. Vel expecter rector vsque ad alium annum donec plenariè decimum agnum possit recipere , si maluerit : i. Or let the Parson ( if so he had rather to doe ) expect another yeare , till hee may fully receiue his tenth Lambe . Now it falleth out the Parson vseth his liberty , and refuseth his Lambe at seauen , and his halfe pence at Six , and the Parishioner the yeare following hath neuer a Lamb at all : The question is , how the tyth shall be satisfyed : It is answered , ( in this case ) The Parson hath no remedy in law , and the reason is , à principio malè eligendo fuit in culpa , ergo in hoc sibi imputetur , i. De made his choyce but ill at the first , which was his owne default , and therefore he must blame himselfe h h Arg. ad . hoc inst. quod cum eo qui in alt. pot . § caeterum autem . & glo . const. prou. praeal . verb. possit recipere . . Yet Lyndwood affirmeth in this case , That in regard of the Church , in respect whereof tythes ought not to be lost , and in regard of the party himselfe , the owner of the fruits , who without sinne cannot detayne by any colour the rights from the Church , though the Parson ( for his owne sake ) cannot relieue himselfe Iure actionis , i. By right of action : yet for the Churches sake Officium Iudicis , i. The Iudge his office may be desired i i c. verb. const. praeal . .

2 Yeawes bee sometimes remooued from grounds to grounds , from parish to parish , the question is , ( in this case ) of the right of their tythes : It is thus answered by the text law k k c. Quoniam vt audivimus . const. prouin . ang. § agni . eod. . viz. The tyth of Lamb is payable in manner and forme as be the tyths of Calues and colts and such other like tythable increase , mentioned to bee Pigge , Kid , &c. of which the Law determineth thus , viz. Habita ratione ad loca diuersa vbi gignuntur , oriuntur , & nutriuntur , & ad moram quam traxerint in eisdem particulariter decimentur , i. They bee tythable by rate and proportion ( particularly ) to the seuerall Churches in whose parishes they were ingendred , brought forth , and nourished l l Ca. & § prae . : for example , The Yeaw goeth fiue months with her Lambe , they put them together the Male and Female the last of September , where they coupled they remayne one month : they bee remoued to a second parish , to a third , to fourth , and to a fift , where they be depastured seuerall Months : in this case Vnusquisque pro tempore suo : i. Euery Parson for his time m m Glo. c. & § praeal . verb. particulariter , that is ( the seuerall times and places considered ) the seuerall Churches in the tythes haue seuerall rights accordingly n n C. & § prae . .

3 And touching the question of their tythable time , it is answered thus , Faetus ablactatus esse debet antequàm prestetur , i. They must be weaned , weanable , or of strength to liue without the damme o o Rebuff . eo . q. 6. nu. 30. Inno. Host. & alij in ea . cum homines . eod. , except custome hath obserued therin a time certaine , the which where so it is , there it must be continued . Looke custome the 6.

The Seuenth Question . i. Of Milke . i. Of Cheese .

1 Milke and Cheese how ? and when they be tythable ?

2 If Cattell feed in one Parish and couch in another , how the profits be tythed ?

3 Where Cheese is tythable , and the number of Cattell so small that none can bee made ; how the tyth shall bee answered for their small proportion ?

4 Where Milke of sheep is tythed in kind , how they be tithable ( for their pasture ) in the Winter when they doe yeeld no such profit ?

The Seventh Question .

1MIlke and Cheese , viz. of Kine , of Sheep , or of Goats , they be reckoned as In pecudum fructu , i. In the increase of such cattell p p ff. de vsufr. l. in pecudum . inst. de re . di . § in pecudum . , as also be Lana & faetus , i. Wooll , Calfe , Kid , & Lamb , whereof mention is made in the fift and sixt questions before : and touching question herein to be made , suppose of the milke when it is perceiued & taken , of the ix . parts thereof ( when the tenth is deducted ) there be made x. cheeses it is answered , in this case , The cheeses are not to be tythed q q de reg. iur . in 6. : for cheese is not tythable but where milke is not tythed : and so of the other : briefly , they be tythable either of them tempore suo , i. In their seasons r r c. quoniam propter prae . de decim . , and so long , and so soone , as either Milke or Cheese shall be perceiued and taken ( in their kinde ) by the Parishioner : there can be no custome of intermission to the contrary . Looke Custome , the 3. And what the Law of custome may bee in this case , followeth here the 3.

2 Sometime these cattell be depastured in one Parish , and couch in another , in this case it may be demanded , What the Law determineth of the tyth ? It is answered in the text Law , viz. Quod inter Rectores dividatur , i. In this case the Parsons shall diuide s s c. Quoniam vt audivimus . praeal . § decima . .

3 Question also herein is moued further in Law t t c. quoniam propter . pre . § quid verò . , where such tythes be payable in kind , and the number of cattell so small as Lyndwood supposeth u u in cap. & § praeal . verb. modicitatem . of some one or other Parishioners , which haue but onely three , two , or peraduenture but one only Cow , and those , or that to bee 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 x c. § praeal . in fin . , viz. Consuetudini locorum duximus relinquendum , i. The custome of the place must be obserued : prouided the Custome be , that Certum quid soluatur , i. That somewhat be payd in consideration and liew y y ext . e. ti . c. in aliquibus . for custome herein ( as in all other cases of tything ) cannot exclude solutionem decimae , i. It cannot intirely take away the payment of the tythes of such profits as arise , as may appeare in custome the 3. Only it may limit Solutionem decimae , i. Custome may moderate the payment of Tythes . Looke custome the 4 , Hither ( by a Constitution prouinciall of England ) also be referred Calfe , Colt , Pigge and such like , that is , when their number is so small that they cannot bee tythed : it is the Chapter Quoniam vt audiuimus , and Paragraph Quid verò , which Constitution Lyndwood affirmeth vpon the same Paragraph , that it extendeth not to Wooll and Lamb , but citeth there another expresse and peculiar ordinance for the same , viz. If the Parishioner shall haue sixe Lambes or vnder , he shall yeeld for his Tyth for euery Lambe a halfe-peny : if seauen Lambs , he shall yeeld a Lambe for his tyth , and receiue three halfe-pence : if eight , a peny : if nine , the Parishioner ( only ) receiueth a halfe-peny of the Parson , or the Parson may expect , according to the sixt question before . Et ita intelligendum est de decima Lanae , i. The same ordinance and prouinciall constitution is had of Wooll . It is the Chapter Quoniam propter , and Paragraph De nutrimentis , in the title of Tythes .

4 Post Festum , &c , i. after the Feast of S. Martin in winter , sheep be eftsoones remoued from parish to parish , or else they doe continue in one and the same parish from that feast till shearing any ensuing : the question is , of their tythes ? It is answered , they be tythable thus , viz. Habita ratione ad numerum ovium Pascua estimentur , i. The pasture in this case must bee considered ( for want of their milke in this season ) by the head or number of the Sheep that depastured in them z z c. Quoniam vt audivimus . praeal . § quod si prou. ang. e. , and so shall the tyth bee rated and yeelded a a c. § prae . c. : by rate and proportion of time ( by the month b b Gloss. c. § praeal . verb. estimentur . ) as Lyndwood inferreth , and as it is said of thirty daies , and by thirties and so from thirty to thirty , as in the first question before of Wooll .

The Eight Question . i. Of Fruites of Trees .

1 Of Apples and other such fruits of trees , what of their tythable time ?

The Eight Question .

1FRuits of trees , viz. Apples , pears , Wardens , &c. the question is of their tythable time : it is answeswered , Statim fructibus collectis , i. So ●oa●e and immediatly when the fruites shall be gathered c c c. cum homines , eod . , and the reason is , Quià minùs soluit , qui tardiùs so luit , i. Hee diminisheth his duty that delayeth the time d d l. si cui in fine . ff. de verb. sig. : if therefore the Parishioner shall gather his fruits , and neither pay the Tythes presently , nor monish the parson to receiue them , but subtract them , or that ( otherwise ) they bee impayred or lost , tenebitur , saith the Law ; that is , The Parishioner is bounden e e c. cum homines prae . eod. text . : to what satisfaction looke the Statute 2. Ed. 6.13 . for fruits be Tythable , and prediall f f e. 1. c. ad Apostolice . c. peruenit eod . .

The Ninth Question . i. Of seeds : Hempe , Flax , Onions , Rape , and such like . i. Of Pot-hearbs . i. Of places adioining to mansion houses , applied to seeds and hearbs .

1 Of Seeds and Hearbes what manner of tythes they be ?

The Nynth Question .

1SEeds and hearbs , viz. of Flaxe , Millet , Hempe , Leeke , Onion , Rape , Percely , Sage , Mint , Rue , &c. comprehended vnder the works Seminibus , Herbis , Curtilagijs , they be Tythable g g c. quoniam propter prae . prou. ang. e. , as they be perceiued and taken in Gardens , or in the fields , either of the seed , or of the hearb before the seeding time h h Concor . ext . eo . c. ex parte canonicorum . , Nisi parochiani competentem fecerint redemptionem , i. Except the parishioners sufficiently shall redeeme or compound for the same i i c. quoniam propter prae . : these be Minutae decimae , i. Smal tiths according to the Euangelist k k Lu. 11. Ho. c. ex multiplici . eo . , vz. Ye tyth mint and Rue , &c. and therefore in them no great question to be made .

The Tenth Question . i. Of mast , of Beech , or Oke , or such like .

1 Of Mast , what , when it is given ? and what , when it is sold ?

The Tenth Question .

1BY the Chapter Sancta Ecclesia , in the prouinciall Constitutions of England , and tytle of Tythes , the tyth of Mast and other such wood and wild fruits , be payable , viz. Si vendantur , i. If they bee sold l l c. Sancta ecclesia pre . : that is , ( as the glosse inferreth ) of the tenth peny , if they bee sold ; otherwise , that is , if Swine franckely and freely receiued and fed , without consideration of charges to the owner , in this case , Transeunt fructus cum onere , i. The fruits do passe with their charges m m glo . in d. c. verb. si ven. dantur . vbi ad hoc ext . eo . c. pastoralis , & Inno ext . c. commissum . e. , viz. with the burthen of Tythes .

The Eleuenth Question . i. Of Mils , forced by wind , water , &c. i. Of Parkes , Warrens , pooles , ponds , &c. i. Of wild beasts vnder custody &c. i. Of Doue-cotes , or houses . i. Of Bees .

1 What manner of tithes they bee ? And how they be tithable ?

The Eleventh Question .

1 QUestion hath beene moued of the tyths of Mils , Parks , Ponds , Warrens , Doue-houses , and Bees , to this effect , viz. Whether they bee prediall , or personall ? it is answered , They bee prediall , and tythable without deduction of charges n n DD. in cap. pastoralis , & alijs ca. eod. , for the reason alleaged in the fourth Question before . And they bee tythable thus ; that is to say , not the Tenth of the rent for milles ( as they tearme it ) the tenth peny , nor for Bees , the Tenth Bee , or Swarme , or Diue , but De prouentibus molendinorum , i. The tenth measure of Corne for Billes o o c. quoniam propter , pre . § de proventibus . & ibi glo . verb. intigrè . , and so for Bees , the tenth measure of Hony , the tenth waight of waxe , briefly , De cera & melle , i. Of Honie , and ware p p Host. & alij . c. nuntios . c. . And the law and reason is of these tyths , especially of Milles , as of other prediall tythes , whereof ( for example ) it is sayd , 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 tyth q q Ad hec . ff. de vsufr. l. vsufructu legato . & l. item si fundi . . Especially for the practise of England , looke what is sayd in the Third Question before . Hither be referred Parks , Ponds , Douehouses , &c. for Fructus transit cum onere suo , i. Fruits be lyable to their charges . Look in the Second Question before , 2.

The Twelfth Question . i. Of Fowlings . i. Of Huntings . i. Of Fishings .

1 Beasts , Fishes , Fowles , how ( diversly ) they be tythed , ( diversly ) considered .

The Twelfth Question .

1 THe profits that be mentioned and contained vnder the words Aucupiis , Venationibus , Piscationibus , i. Of fowlings , Huntings , fishings , question hath been moued of the tythes of the same , viz. The Parishioners of A. one of them fowleth , another hunteth , the third fisheth , in the fields , grounds , and Riuers of B , the question is of the tythes , of their aduantages taken , and which of the Churches bee interessed in the same , vz. whether the Church of A , where the parishioners inhabite , or the Church of B , where the profits were taken : ' It is thus answered , vz. If the Parishioner had of the owners of the places francke and free liberty to fowle , hunt , and fish , the Church of A. that is , their owne parish Church shall bee intirely interessed in them , as in personall tythes r r Inno. in ea . non est , eod . & ibi Host. verb. de venatione . : but if any consideration be required , either in money or in part of their gayne , that profit onely receiued by the owner , is prediall and tythable to the Church of B. that is to say , in that parish where the fields , grounds , and Riuers do lye s s Inno. in & Host. cap & verb. praeal . . De caeteris verò , i. Of the residue , that is to say , of the cleere gayne of these Beasts , fishes , and fowles , all charges and expences , in , about , belonging , and concerning these profits taken , deducted t t DD. praeal . in ca. pastoralis , eod . , the Parishioners that tooke them be chargeable withall to their parish Church of A u u DD. in d. c. Non est . ibi idem not per DD. prae . in decimis avium & ferarum gloss . in pre . c. quoniam propter § de piscationibus prouin . ang. eod. verb. debito modo . , mentioned before : and the reason is , the fowles , Beasts , and Fishes be taken artificio , ministerio , & opere hominis , i. By the art onely , labour , and industry of man , from whence proceedeth personall tythes x x c. ad apostolicae . eod. , payable onely where the parishioners inhabit .. y y c. quaesti . 16. q. 1. But if the consideration mentioned here , required and taken by the owners , commeth not by art , or industry , but Ex humo , i. By way only , and meanes of the ground z z Inno. Host. in c. non est praeal . eod. verb. de venatione . , from whence do arise all prediall Tythes a a c. 1. c. ad apostolice . c. peruenit . prae . eod. : payable only in the place and parishes within whose bounds and limits they are b b cap fin . de parochijs . . Thus they bee diuers , these tythes , diuersly respected , that is to say , prediall or personall ; note the difference . Note also , that where such tythes bee demanded , it is where such art , industry , and trauell is answered and rewarded , not with pleasure c c Rebuff . eo . q. 8. nu. 17. , but with profit d d Ancha . in praeal . c. non est . eo . col. 2. . Question hath further been mooued of these profits and advantages aforesayd , to this effect : viz. The parishioners mentioned of N , had franke and free leaue and liberty to hunt , fish , and fowle within the fields , grounds , medowes , riuers , and running streames of B mentioned before : they tooke , preserued , and reserued aliue their beasts , fowles , and fishes , and so they conuaide them to certain their owne proper and priuate grounds , within the bounds , compasse , and limits of another parish , than either of N where they dwell , or of B where they tooke them : they include them ( there ) these beasts , fowles , and fishes , and compasse them within Parks , Warrens , ponds , pooles , Houses , such as bee mentioned & comprehended vnder the words Vivarijs , Columbarijs , in the Eleuenth question before . Thus they feed and nourish them , and they breed , and increase in their kinds : If they be brought forth and so be taken in and from a certaine and knowne place , they be prediall and tythable as prediall tythes : if from incertaine places , they be personall , and so they be tythable , viz. as personall Tythes l l Gloss. in c. sancta Ecclesia prae . § 1. ver cignorum . It is affirmed of them , as of beasts , fowles , fishes m m DD. ext c. tit . c. non est . , in the question last before . Hither by the chapter Sancta Ecclesia , in the Prouincials of England , be referred Geese and Ducks .

The Fourteenth Question . i. Of Egges .

1 Of Egges , where Tythes bee yeelded , whether chickens be tythable there ?

The Fourteenth Question .

1 DE Ovis , i. Of Egges , it hath been moued whether they bee tythable in such places where tyths be yeelded of Chickens ? By the written law it may be answered , as of milke & Cheese in the Seuenth Question before , the 1. Howbeit Custome in this case preuaileth , as experience sheweth in some parts of this Land n n Gloss. in d. c. sancta ecclesia . cap. quoniam vt audivimus ver. pulli . .

The Fifteenth Question . i. Of Crafts , and manuall Occupations . i. Of Trades by wares , Marchandise , &c.

1 Of personall Tythes , what time , place , and persons , be required in them , and of whom the Church is forbidden to receiue either personall Tyth , or Oblation ?

The Fifteenth Question .

1TRades , Crafts , and Manuall Occupations , they be personall , and of the profits do arise meere personall tythes : touching therfore first their Tythable place , it is answered in the Twelfe question before . Of their Tythable time , it is answered in fine anni , i. They bee payable at the end of the yeare o o Gloss. in c. reuertimini . verb. annus , and as our custome is , at Easter . Of persons that be chargable with these personall Tythes , it is answered of such persons , which of Custome haue , or of right ought to haue payde their personall Tythes p p 2. Ed. 6.13 . . Looke the Summaries of the Statutes ensuing . There are of these personall Tythes ( in diuers cases ) Opinionum conflictus , i. Diuersities of opinions q q Rebuff . q. 13. nu. 44. & ibi . cit. But. in . c. parochianos . in fin . eod. : but herein they agree , viz. Hae Decimae personales , magis in difficultate , & subtilitate , quàm vtilitate consistunt , i. They are , these personall Tythes , more intricate then profitable r r Host. in ca. pastoralis in fin . eod. & 10. de tur . cre . in c. reuertimini proeal . nu. 12. ver. ad septimum . 16. q. 1. : onely this ( to conclude ) must bee noted , that is to say , all persons ( consideration had as afore is sayd ) be bounden to offer their personall Tythes to the Church , but the Church is forbidden ( of all persons ) to receiue them s s Host. in . ca. ex transmissa . eod. arg. ca. Oblationes . 90. dist. Deut. 23. : for example , The Harlot , the Robber , the Usurer , &c. they be not exempted , but the Law reiecteth them , their personall Tythes , and Oblations : Non inferus mercedem meretricis , &c. i. Thou shalt not bring the hire of an Whore , nor the price of a Dog into the House of the LORD . And for the other , Quaestus fit ex peccato , i. Their gaine ariseth of sinne : the Church is therefore forbidden to receiue of them , Nè ipsorum videatur approbare turpitudinem , i. Least the Church should seeme to approue t t c. miror . 17. q. 4. their Iniquities u u c. si tantum 6. q. 2. hec Rebuff . q. 5. nu. 18. & 19. .

Heere doe end the Questions of Tything , moved ( in times past ) and answered : and which be new vrged ( ordinarily ) and decided at this day .

Of Composition , Transaction , Custome , Prescription , Priuilege : and how they prevaile in Tything .
Of Composition .

COmposition ( by the Canon laws ) holdeth or faileth diuersly respected : and it is first to be considered of as it hath beene made and had inter Clericos , i. Betwixt Clerks themselues ; and then it hath tended either Transferendis decimis , i. To the translating of Tythes from one Church to another : Vt quae vni Ecclesiae decimae debentur , alia recipiat , i. That one Church receiue Tyths which be due to another . And the Composition herein holdeth a a c. 2. d. trans . c. dilecti . eo . , and the reason is , Non refert quae Ecclesia decimas habeat , modo Ecclesiae persoluantur , i. It forceth not of Tythes ( so the Church enioieth them ) what Church receiueth them b b c. 3. eod . . Howbeit , the nature and kind of the Tythes thus translated , must bee considered , namely , whether they be personall or prediall Tythes ; if they be personall , the Composition that translated them holdeth not , and the reason is , Ne occasio tribuatur avagandi & diuina extrà parochiam audiendi , i. Least occasion should be giuen to the people of wandring , and hearing of Diuine Seruice from their owne Parish Churches c c c. 2. sup. ti . 1. Rebuff . in q. 13. nu. 17. de decim . .

2 If they be prediall , the Composition holdeth , Inita cum authoritate Episcopi , i. The authority and approbation of the Bishop of the Diocesse thereunto had ; which composition shall bind both the Clerk & his successors d d c. 2. &c. veniens , de trans : otherwise without the Bishops confirmation , it shall not onely bind the Clerks that yeelded therewith , and not touch his successors at all e e c. veniens . 8. praeal . .

3 Or the Composition hath tended Remittendis decimis , i. To the remitting of Tithes , Vt tota decima clerico remittatur , namely , That to a Clerke Tyths should be intirely remitted , this composition holdeth not f f Rebuff . q. 13. nu. 27. de decim . , and the reason is , Decima omnino tolli non potest , i. Tyth may not wholly be taken away g g q. nu. prae . Rebuff . .

4 Secondly , composition must be considered , as it hath been sayd inter Laicos , & Rectorem , i. Betwixt Lay-men and Clerks , which composition also must be respected thus , namely , whether it be De praeteritis decimis , i. Of Tythes forepassed , or de futuris decimis , i. Of Tythes to come . In the first case , this composition also holdeth , yea though it be Gratuita , i. without consideration or allowance at all h h c. super . de reb. eccle. non alien . : In the second case if the composition be , Vt aliquas decimas non soluant , i. That tythes bee not payd at all , Non est admittenda , i. Not to be admitted i i Rebuff . q. 13 praeal . . If the composition be , Vt integra decima non soluatur , i. That tyth bee not wholly payd , but in part , it holdeth : howbeit not otherwise but confirmed by authority supreame : for the Bishops confirmation herein sufficeth not , for none could exempt from tything , nor diminish the quantity of the same , but the Supreame power k k Text. in ca. venerabilis de confes . & ibi Pan. , as it followeth in Priuilege .

Of Transaction .

1TRansaction and Composition doe differ in this , the one is Gratuita conuentio , i. A voluntary , franke 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 couenant or agreement ( for somewhat giuen or receiued ) of things litigious , incertayne , and doubtfull in controuersie l l r. ff. de trans . C. e. c. super eo . .

2 It must be considered of Transaction , as before it hath been sayd of Composition betwixt Lay-men and Clerks . Looke Composition 4. Transaction ( if it be of Tythes forepassed ) holdeth ; yea though the consideration had , be of things meere temporall : and the reason is Fructus decimarum sunt temporales , i. The profit and fruits of tyths be reputed temporall m m c. vestra . de loca . . Transaction , if it bee of tythes to come , must be respected according to the time and terme it is made sin , namely , whether it be made in tempus modicum , i. For a short and limited time , or in perpetuum , i. ( without limitation ) for euer . In the first case it holdeth with the Bishops approbation and authority n n Arg. c. 2. & 3. sup. de hijs quae f●●nt à capit . in the other case it holdeth also if the right and interest of the Church be doubtfull , as where the Parishioner pleadeth against the Church , Exemption or Priuilege . But where the right of the Church is Liquidum , i. Where the Churches right is cleere , Transaction holdeth not , otherwise than by consent and authority supreame o o Not. ca. à nobis , eod . Pan. c. statnimus de trans . . Transaction is often taken for Composition , and one for another p p c. veniens . e. .

Of Custome .

1CUstome by the Canon Lawes holdeth or fayleth , diuersly respected : if it be De transferendis decimis predialibus , i. Of translating of tyths prediall ( as afore hath been spoken in Composition ) it holdeth q q c. cum sint homines . &c. ad apostolice . eod. .

2 If of personall tythes , as also before hath been sayd in composition , it holdeth not r r c. praeal . .

3 Custome De non soluendis decimis , i. Of not yeelding of Tythes at all , holdeth not , and the reason is : Iuri naturae & divino contraria est , i. Such a custome is contrary both to the Law of Nature , and the Law of GOD s s DD. in c. fi . de consuetud . .

4 Custome De minori quantitate solvenda , i. Of yeelding lesse than the Tenth in quantity , holdeth in Personalibus , i. In personall tiths only after the opinions of some t t c. in aliquibus . & ibi inno pan & alij . eod. , but of others in prediall also u u Rebuff . q. 13. nu. 4.6 . ; and practise also sheweth the same .

5 Custome De loco , i. Of place where Tythes ought to be left , holdeth x x Host. in sum § fin . eod. .

6 Custome De tempore , i. Of the time of Tythes to be yeelded , holdeth y y DD. in c. ad apostolice praeal . .

7 Custome De modo , i. Of the manner and forme of yeelding of Tythes , holdeth z z Rebuff . q. 13. praeal . nu. 40.50.52 . .

TYTH WHAT IT IS , AND OF how many sorts .

TYth of the Latine Decima , is a Tenth part or portion of increase , commanded vnto Moses by whom it was delivered ( at the appointment of GOD ) to bee payd to the Sonnes of Leui , for their Ministerie wherein they serued in the Tabernacle a a Nu. c. 18. : in Law defined thus ; viz. Omnium bororum licitè quaesitorum quota pars Deo , diuina constitutione debita , i. Of all lawfull increase and gaine a certaine part ( by constitution divine ) due , and appertayning to God b b Card. confi● 26. pro evidentia c. tua c. fin . eod. . And they be either prediall , as that which doth arise and grow by reason and vertue of the grounds , viz. Fruits , and increase of Beasts , Fishes , Fowles c c c. pervenit . praeal . eo . c. non est. 22. c. , &c. Or they be personall , as that which ariseth by reason and vertue of lawfull and honest commoditie , so recovered & procured by art , science , or manuall Occupation of some person d d c. ad apostolice . prae . . It is also to be noted , that tiths , some of them comprehended vnder these titles , Prediall and Personall , be called by the name of mixt tythes ; of which sort be such as do rise and grow partly by the grounds e e ca. commissum praeal . , and partly by the care , keeping , labour and industry of some person f f c. apostolice . c. pastoralis . eod. ; as of Cattell subiect to the Fox , Woolfe , and such devouring beasts , supposed to be partly of the grounds where they be bred and fed g 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 h l. si plures . in fin . ff. arb. furt . caes . : so they be maintained by the grounds , but defended by the shepheards . Looke more of mixt tythes in the Twelfe Question . Some of by the name of Greater Tythes , In Latine Maiores siue grossae Decimae ( as we tearme them ) Great tythes : such be of Corne and Pulse i i c. ex multiplici de dec . . Some of them be tearmed Minores or Minutae decimae ( in our common speech ) Small tithes , such be seeds , Hearbs , Egges k k Glo. & DD. in c. cum ex 〈◊〉 &c. ex multiplici . praeal . eod. , &c. mentioned in the ninth & foureteenth questions , 1.

( * ⁎ * )

Of Prescription .

PRescription is not much differing from Custome , as before is specified of Transaction and Composition : but the one oftentimes is taken for the other a a Dom. ca. 2. col . vlt. de preb . in 6. barb . consil. 35. sapienter . col. 6. in 2. vol. . Howbeit herein they differ , Consuetudo propriè dicitur quando ius acquiritur in communi & publico , i. It is properly sayd to be Custome where a right to many is procured in common and publike . Praescriptio verò quando priuato , i. Prescription when priuately to one b b Pan. in ca. cum ecclesia . col. 8. nu. 45. de caus . pos . .

Of Privilege .

PRIUILEGE or Exemption is deriued from authority Supreame , by the which ex iusta causa , i. vpon cause and good consideration , sometimes the persons themselues , as the order called Cistercienses , and other Religious persons were priuileged and exempted from Tythes c c c. a nobis de decim . ; somtimes the places , as grounds belonging to Religious persons d d c. ex parte eod . . For example , Monasteries , Priories , Nunries , Colledges , &c. or other Ecclesiasticall houses , &c. or any Manors , Mesuages , Parsonages appropriat , &c. or other Hereditaments which belonged vnto the sayd monasteries , priories , &c. which were discharged of and for the payment of Tythes , being in the hands of Abbots , Priors , or other Ecclesiasticall gouernors . Concerning these possessions in Religious persons , there hath beene fiue seuerall times obserued c c Rebuff . q. 14. nu. 37.38.39.40.42 . : but leauing those times I referre the Readers only to the statute viz. These Monasteries , &c. and euery person and persons , their Heires and Assignes , hauing &c. shall be according to their estates and titles discharged of payment of tyths , in as ample maner as any of the said Abbots , &c. at the daies of their dissolution . 31. H. 8.13 .

* ⁎ *

Summaries of the Statutes of Tything .

EVery of the Kings Subiects shall truly and iustly without fraud or guile divide , set out , yeeld & pay all maner of their Praediall Tythes , in their proper kind , as they rise and happen in such manner and forme as hath been of right yeelded & paid within xl . years before the making of this Act ( being 4. Novem. An. 1548 ) or of right or custome ought to haue been payd . And no person shall take or carry away any such or like Tythes , &c. before he hath iustly set forth for the Tyth thereof the tenth part of the same , or otherwise agreed for the same tythes with the Parson , &c. vnder the paine of forfeiture of treble value of the tythes so taken or carryed away . 2. Ed. 6.13 .

At all times whensoeuer the sayd praediall tyths shall be due at the tything time of the same , it shall be lawfull to every party to whome any of them ought to be payd , or his Deputy or seruant to see their said tyth to be truly set forth , and severed from the nine parts , Double value of the tenth , beside costs . and the same quietly to take and carry away , 2. Ed. 6.13 .

If any person carry away his Corne or Hay , or his other praediall tyths , before tyth therof be set forth , or willingly withdraw his tyths of the same , or of such other things wherof praedial tiths ought to be payd , or doe stop or let the Parson , Vicar , &c. or other their Deputies , to view , take and carry away their tythes , by reason whereof their sayd tyth or tenth is lost or hurt : then vpon due proofe thereof , &c. the party so carrying away , &c. shall pay the double value of the tenth , &c. besides the costs , charges , and expenses of the suit in the same , &c. to be recovered before the Ecclesiasticall Iudge , according to the Kings Ecclesiasticall Lawes . 2. Ed. 6.13 .

Every person which shall haue any beasts or other Cattell tythable , wast ground not certainly known of what parish . going or feeding in any wast or common ground , whereof the parish is not certaynly knowne , shall pay his tithes for the increase of the sayd Cattell , to the Parson , Vicar , &c. of the parish , Hamlet , Towne , or other place where the owner of the said Cattell dwelleth . 2. Ed. 6.13 .

All such barren heath and wast ground , wast ground improued that neuer payd Tith . &c. which before this time hath been barren and paid no tythes , by reason of such barrennes , and shall be improued and converted into arable ground or Medow , shal after the end of 7. years next after such improuement , pay tyth for the Corne and Hay growing vpon the same . But if such barren , &c. hath before , &c. been charged with the payment of any tythes , and the same be after improved & converted into arable ground or medow , then the owner therof shal , during 7. years next following , from & after the same improuement , pay such kynd of Tyth as was payd for the same before the same improuement . 2. Ed. 6.13 .

Great Wood of the age of 20. yeares or of greater age sold to Marchants to their owne profit , Silva caedua . or in ayd of the King in his Warres , is not Tythable nor comprehended vnder this word Silua Caedua . 45. Ed. 3.3 .

Every person exercising Marchandise , bargayning and selling , &c. or other art or faculty , Personall Tithes . being such kind of persons and in such places as heretofore within these Forty yeares haue accustomably vsed to pay such personall Tythes , or of right ought to pay ( other than such as be common day-labourers ) shall yearely , &c. pay for his personall Tyths , the Tenth part of his cleare gaynes , his charges and expences , &c. deducted . But in all such places where handicrafts men haue vsed to pay their tyths , &c. the same custome of payment of tyths shall be observed and contynued . 2. Ed. 6.13 .

Every person which ought to pay offrings , Offrings : shall ( yearly ) truly pay them to the Parson , Vicar , &c. at such foure offring dayes , &c. as haue been accustomed for the payment of the same , and in default therof to pay for the sayd offrings at Easter then next following . 2. Ed. 6.13 .

No tyths of mariage goods shall be required of any person within Wales , or the Marches therof . Wales . Neither shall any person bee compelled to pay Tyth for the lands or hereditaments , which by the lawes and statutes of this Realme , or by any Privilege , or Prescription , are not chargeable with the payment thereof : or that be discharged by Composition reall . 2. Ed. 6.13 .

If any person after sentence difinitiue giuen against him , Obstinacie . obstinately refuse to pay his tythes , or shall otherwise contemne and disobey the processe and decrees of the Ecclesiasticall Courts , Contempt . &c. then vpon information giuen , &c. the same party shall be committed to ward , &c. 27. H. 8.20 . Looke the statute in all .

If any of the parties doe appeale , Appeales . &c. then the Iudge forthwith shall adiudge to the other party the reasonable costs of his suit therein before expended , and take surety of the other party , &c. to what effect , see the statute in all . 32. H. 8.7 .

If any party , Prohibition . &c. do sue for any prohibition , &c. vnder the copy of the Libell shall be written the suggestion , wherfore the party so demandeth the the sayd Prohibition : & in case the sayd suggestion by two honest and sufficient witnesses at the lest , be not proved true in the court wher the said prohibition shall be so granted , within 6. months next following , &c. Then the party that 's hindred of his suit in the Ecclesiasticall court by such prohibition , Consultation . &c. shal haue a consultation granted , &c. and shall also recouer double costs & damages . 2. Ed. 6.13 . And the Iudges before whom the cause was first brought in question , shall proceed notwithstanding the Kings Prohibition . 24. Ed. 1.

These be Summarily ( Christian Reader ) the spirituall and statute Lawes of the Land for Tything : such as bee exercised now vnder the happy government of our King , the life both of them and vs : this is the worke , take it in good part : the Title but begun , may better be satisfied hereafter .

LONDON , Printed by Thomas Purfoot . An. Dom. 1633.

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