A Tithing Table, Legal text 1
A brief Collection of the Letter and terms of the Law, with their ſeveral Expoſitions in Engliſh: and of all ſuch questions of Tything which be mentioned and contained within the body of this Table, whereby every Tythable thing and queſtion that is moved and anſwered of the ſame is readily found.
The Firſt Queſtion.
Decima De Frugibus, i. Of Harveſt fruits, ſown, mown, reaped, gathered, bound or looſe, in Heap, ſhock or ſheaf.
1 When they be tithable, and ſuch other praedial Tithes, whether it be lawful to the owner to diſpoſe any manner of way of any part of the fruits before diviſion be made, and the Tenth part be ſevered from the Nine parts?
2 If a ſtranger ſhall preſcribe tithes in another pariſh, and there ſhall happen afterwards barren and waſt grounds to be tilled, whether the ſtranger that preſcribeth, or the Church where the grounds doe lie, ſhall reap the Tithes?
3 If one ſhall have right of tithe in a wood, and that wood become afterwards arable ground, whether his right continueth in the Corn?
The Second Queſtion.
Decima De Silvis caeduis, i. Of woods felled, & preſerved to grow again.
Decima De Lignis, i. Of wood not in uſe, nor apt for Timber, but for firing.
Decima De Thenitiis agrorum, i. Of trees planted for fencing of grounds, in fields, paſtures, and hedge-rowes.
Decima De Turvis, i. Of Turves growing in feniſh & mooriſh ſoils, as in the Iſle of Ely.
1 Wood of 20. years growth and upwards, whether it be tithable or not? And what of lopping of timber trees?
2 When woods be felled and ſold, who ſhall anſwer the tithe? the buyer, or the ſeller?
3 If the inheritance of a wood be ſold, that is in arrerages for tithe, whom the Parſon may implead?
4 Turves, amongſt what tythes they be reckoned?
The Third Queſtion.
Decima De Paſturis, i. Of paſture grounds.
1 If they be fed, how the tithe ſhall be anſwered?
The Fourth Queſtion.
Decima De Fenis, i. Of Hay.
1 Hay, of what places? and what Tithe it is?
The Fifth Queſtion.
Decima De Lama, i. Of Wool.
1 Whether the ſheep of Sons and Daughters be tithable (or not) with their fathers flocks wherein they do goe?
2 Where ſheep be removed from one pariſh to another, how the Tithe is divided by rate and proportion of time?
3 If ſtrange ſheep be brought to another pariſh and there be clipped or ſhorn, how they be tithable there?
The Sixth Queſtion.
Decima de Agnis, i. Of Lambs.
Decima de Vitulis, i. Of Calves.
Decima de Procellis, i. Of Pigges.
Decima de Pullis, i. Of Colts.
1 Whether the perſon may expect his Lamb (the next year following) if the pariſhioners number in any one year amounteth not to ten? And what, if he faileth then?
2 When ewes be removed, and other ſuch cattel and beaſts from one pariſh to another, how the ſeveral Churches be intereſted in the Tithe of their Lambs, and ſuch other increaſe.
3 Of Lamb, calf, Kid, colt, pigge, &c. and when is their Tythable time?
The Seventh Queſtion.
Decima De Lacte, i. Of Milk.
Decima De Caſeo, i. Of Cheeſe.
1 Milk and Cheeſe how? and when they be tithable?
2 If Cattel feed in one pariſh and couch in another, how the profits be tithed?
3 Where Cheeſe is tithable, and the number of Cattel ſo ſmall that none can be made; how the tithe ſhall be anſwered for their ſmall proportion?
4 Where Milk of ſheep is tithed in kind, how they be tithable (for their paſture) in the Winter, when they doe yeeld no ſuch profit?
The Eighth Question.
Decima de Fructibus arborum, i. Of Fruits of Trees.
1 Of apples and other ſuch fruits of trees, what of their tithable time?
The Ninth Queſtion.
Decima De Seminibus, i. Of ſeeds: Hemp, Flax, Onious, Rape and ſuch like.
Decima De Herbis, i. Of Pot-herbs.
Decima De Curtilagiis, i. Of places adjoyning to manſion houſes, applied to ſeeds and herbs.
1 Of Seeds and Herbs, what manner of tithes they be?
The Tenth Queſtion.
Decima De Pannagiis ſilvarum, i. Of Maſt, of Beech, or Oke, or ſuch like.
1 Of Maſt, what, when it is given? and what, when it is ſold?
The Eleventh Queſtion.
Decima De Molendinis, i. Of Mills, forced by wind, water, &c.
Decima De Vivariis, i. Of Parkes, Warrens, pools, ponds, &c.
Decima De Beſtiis guarenarum, i. Of wild beaſts under cuſtody, &c.
Decima De Columbariis, i. Of Dove-cotes, or houſes.
Decima De Apibus, i. Of Bees.
1 What manner of tithes they bee? And how they be tithable?
The Twelfth Queſtion.
Decima De Aucupiis, i. Of Fowlings.
Decima De Venationibus, i. Of Huntings.
Decima De Piſcationibus, i. Of Fiſhings.
1 Beaſts, Fiſhes, Fowles, how (diverſly) they be tithed, (diverſly) conſidered?
The Thirteenth Queſtion.
Decima De Cignis, i. Of Swannes.
Decima De Aucis, i, Of Geeſe.
1 Of Swans, Geeſe, Ducks, and how they be conſidered of.
The Fourteenth queſtion.
Decima De Ovis, i, Of Egges.
1 Of Egges, where tithes be yeelded, whether chickens be tithable there?
The Fifteenth queſtion.
Decima De Artificiis, i, Of Crafts, and manual occupations.
Decima De Negotiationibus, i, Of trades by wares, Marchandiſe, &c.
1 Of perſonal tithes, what time, place, and perſons, be required in them, and of whom the Church is forbidden to receive either perſonal tith, or Oblation?
The Firſt Queſtion.
Decima De Frugibus, i, Of Harveſt fruits ſown, mown, reaped, gathered, bound or looſe, in Heap, ſhock or ſheaf.
1 When they be tithable, and ſuch other praedial Tithes, whether it be lawful to the owner to diſpoſe any manner of way of any part of the fruits before diviſion be made, and the Tenth part be ſevered from the Nine parts?
2 If a ſtranger ſhall preſcribe tithes in another pariſh, and there ſhall happen afterwards barren and waſt grounds to be tilled, whether the ſtranger that preſcribeth, or the Church where the grounds doe lie, ſhall reap the Tithes?
3 If one ſhall have right of tithe in a wood, and that wood become afterwards arable ground, whether his right continueth in the corn?
Queſtions of Tithing, and their Reſolutions. The firſt Queſtion.
1 PAriſhioners out of their Harveſt-fruits, ſpecified under the word Frugibus (before their tithes aſſigned of the ſame) diminiſh their fruits, ſome one way, ſome another: admit to godly, or prophane uſes: or (as their manner hath been) to the ſatisfying therein their labourers their wages. The queſtion is, whether this be lawful? It is anſwered, A fraud unto the Church: For this allowance (If any ſuch be) not otherwiſe ought to be made than forth of the Nine parts: and the reaſon is, Decima debet ſolui ſine diminutione, &c. Tithe muſt be paid without any diminiſhing ac. Cum h…redge… mines de d…redge… cim. Glo. c…redge… erroris damnabilis. Con…redge… prou. Ang. d…redge… dec. ver. err…redge… re calculi.:
2 The parſon of the Rectorie of A (jure praeſcriptionis) i. by right of preſcription, hath intereſt in and to the predial tithes of the pariſh Church of B. where there be converted (into tillage) divers barren, heath, and waſt grounds, that never before yeelded any profit to the Church: The queſtion is, (now) of theſe tithes, and which of the Churches ſhall have them? It is anſwered, that the Pariſh Church of B ſhall have theſe Tythes, becauſe they be Decimae novalium, i. ariſing of ſuch grounds that never were manured nor yeelded before any profit at all to the Church: and the reaſon is, by the foundation of every Church the Tithes in general of that and every pariſh, are due tobCum con…ledge…gat. ubi …ledge…. & D D. …ledge…d. their own proper & peculiar Church. Now, for as much as the Church of A could never before be in poſſeſſion of the Tiths of theſe waſt ground, becauſe they never were in being, and that the law is, that Tantum praeſcriptum cSine poſ…ledge…ſione. ff. de …ledge… cap.eſt, quantum eſt poſſeſſum, & non plus, i. So much (and no more) in preſcription, than in poſſeſſion:dQuod …ledge…0. Sect. fl, ff. …ledge…acquir. …ledge…ſſeſ. cap. …ledge…iditis de …ledge…ſcript. And again, in that preſcription is not extended ad futura, i. It reacheth not unto profits of tythable grounds to come e…ledge…an in ult. …ledge…tabili. in d. …cum con…gat., Summae aequitatis eſt, &c. i. The premiſes conſidered, it ſtandeth with great equity, in this caſe, that the Church of B ſhould reap and receive theſe tithesf…ledge…oſt. Io. …ledge…d in d. c. …ledge…m con in…ledge…t.
3 But note, it is otherwiſe where one ſhall be in poſſeſſion of the Tithe of Corn, or of Paſture, or of Wood, or of any predial Tithes whatſoever ariſing in the grounds wherein he preſcribeth, howbeit afterwards there bee planted or ſet and ſown in the ſame any ſtrange plant, ſeed, or herb, that never grew before in theſe grounds. For example: Millet is ſown or Saffron, where corn hath been ſown uſually and ever before, and as the manner is, in ſome parts of this land to ſow in their Paſture grounds the herb that is called Glaſtum or Iſatis, Caeſar writeth of the old Brittans that they uſed with this herb to ſmear their faces, to the end to ſeem terrible to their enemies in war: we call it in Engliſh wadde or woad. Again, Apples, or Nuts, be newly planted where never they grew before: and ſo Ex nemoribus, i. Of woods that be converted to arable grounds: the Tyths in all theſe caſes be payable as before they were of the former fruits, and to whom the former fruits were tythable before, namely, to the parſon or Church that preſcribeth, and the reaſon is, viz. Praeſcriptio est realis cenſenda. i. Terram concernens, non ſpeciem fructuum preceptorum. i. Preſcription is real, that is to ſay, reſpecting not the new or never tythed fruits, but the tythable grounds that bringeth them forth gAncha. in c Cum in tua. de deci. & Ant. But. in. d. c Cum in tuaeod.: In reſpect whereof, that is, of the grounds, the tythes whereof forepaſſed have been (without diſcontinuance or other interruption,) continued and poſſeſſed, it is thus affirmed (in theſe caſes) of preſcription, viz. preſcriptio extenditur ad particularitatem juris apprehenſi, ſub unico jure ut univerſali, i. Preſcription is extended to every particularity of right apprehended, as it were, under that particular, as general hAnt. 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 Tyths of his certain, known, and tythable grounds: contray to the rule of the law, viz. Id quod noſtrum eſt ſine facto noſtro a nobis avelli non poteſt, i. That which is mine cannot (without my fact) be taken from me iff. de reg. iur.. Look the ſtatute De novalibus, i. of barren, heath, and waſte ground, 2. Ed. 6. 13. And look the ſtatute for predial Tythes, and Tythable places, 2. Ed. 6. 13.
The Second Queſtion.
Decima De Silvis caeduis, i. Of woods felled, & preſerved to grow again.
Decima De Lignis, i. Of wood not in uſe, nor apt for Timber, but for firing.
Decima De Thenitiis agrorum, i. Of trees planted for fencing of grounds, in fields, paſtures, and hedge-rowes.
Decima De Turvis, i. Of Turves growing in feniſh & mooriſh ſoils, as in the Iſle of Ely.
1 Wood of 20. years growth and upwards, whether it be tithable or not? And what of loppings of timber trees?
2 When woods be felled and ſold, who ſhall anſwer the tithe? the buyer, or the ſeller?
3 If the inheritance of a wood be ſold, that is in arrerages for tithe, whom the Parſon may implead?
4 Turves, amongſt what tythes they be reckoned?
The Second Queſtion.
1 OF Woods and wood, contained and ſpecified under the words Silvis caeduis, Lignis, Thenitiis agrorum, ſome of them exceed the growth of xx. years, and ſome of them not felled within the memory of man, peradventure not of an hundreth or two of years: there groweth a queſtion of ſuch woods for the Tythes of the ſame: It ſhould ſeem, the Pariſhoner herein may plead for the one (againſt the Parſon) the ſtatute of Silva Caedua, that exempteth wood of Twenty yeares growth and upwards, from the payment of tythes: and (for the other) both the Statute and preſcription, in that the Tyths therein were never performed: interpreting the Statute no further, then the ſtatute explaineth it ſelf: It is anſwered by the Canons alleaged, ſo farre forth (with proteſtation) and no further, then the ſtatute ſhall permit, that wood not in uſe nor apt for Timber is tithable, body or bough, felled or lopped kc. Quanquam. Provin. ang. eoubi. glo in ver. exicis.. As for preſcription it is anſwered, Praeſcriptio locum habere non poteſt, ubi illi cui jus competit agere non poteſt, cum ceſſet materia de qua experiatur, i. Preſcription hath no place, where the intereſſed (in his right) can make no demand, the matter ceaſing whereupon he ſhould work: For example, Of Wood never cut, the Tithe could never be demanded lGloſſ. cap. Sancta eccleſia. provin. ang eo. ver. arborum. ad hoc l. arboribus ff. de uſ…ft.. But whether the loppings or boots of ſuch trees the which the Common Lawes of the Realm account timber be tythable or not, is not yet decided by that Law.
2 It is a queſtion, when Woods ſo felled be ſold, who ſhall anſwer the Tithes, the buyer or the Seller? It is anſwered, the Buyer mExt de decim. c Paſtoralis.ſhall anſwer the Tyth: and the reaſon is, Decima ſequitur fructus, & cum onenere fruuctum decimae transferuntur in alterum, i. Tythe doth follow the fruits, & fruits be tranſlated into anothers right together with the burthen of Tithes nc Praeal. eod..
3 Where the Inheritance of a wood is ſold the Tithes whereof for certain years forepaſſed, by the Seller hath been detained and wrongfully ſubſtracted from the Church, It is a queſtion whom the Parſon may implead: It is holden he may implead the one or the other at his own choice oPet dc ancha. & D. D c. cum homines eod., but he can recover but of one pAr ad hoc de re iud. t. Bona fide. li. 6. Glo. provin. Ang. de decim ver. aſportant.. But by the ſtatutes of the land, the Seller onelyonly, in this caſe, ſhall be impleaded and ſued unto treble damages, 2 Ed. 6. 13. And not the buyer who took not the Tythe away.
4 De Turvis, i. Of Turves, they be tithable, and comprehended under the word Lignis, becauſe they be ſo applied, that is, for firing qff. Deleg. 3. …ledge… Ligni Sect. …ledge…ignorum verb …ledge…uid mirum., and reckoned in the number and amongſt predial Tythes.
The Third Queſtion.
Decima De Paſturis, i. Of paſture grounds.
1 If they be fed, how the tithe ſhall be anſwered?
The Third Queſtion.
1 OF Paſture grounds, when they be fed, it is a queſtion how the tithe ſhall be anſwered? It muſt be conſidered whoſe the grounds be, whether the owners of the cattel that fed them, or a ſtrangers of another Pariſh. In the firſt caſe, if the cattel be ſuch that yeeld profit to the Church, the Tyth is ſatisfied in the fruits of the beaſts rInno ext. de decim c. commiſſum.In the other caſe, it muſt be conſidered of the ſtranger, whether he ſelleth or giveth franckly to the owner of the cattel, the paſturage of his grounds: the ſtranger if he ſell it, is anſwerable for the tenth Penny: the Pariſhoner, if freely he receiveth it, is anſwerable for the eſtimation ſc. Procal. eod. But note, the eſtimation ſhall not be anſwered, but where the grounds with beaſts be fed, Nulla… Eccleſiae utilitatem 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 cattel, the tyth is intended (as aforeſaid) to be anſwered in the fruits tJuxt. notat. per Inno ut ſup. glo. ver. dividenda prov. an. co.. But note, that generally the occupier of the paſture is to pay the Tithe, and ſo is the cuſtome.
The Fourth Queſtion.
Decima De Fenis, i. Of Hay.
1 Hay, of what places? and what Tithe it is?
The Fourth Queſtion.
1 DE Fenis, i. Of Hay, according to the expoſition of the word, the tythe is payable, viz. Of the graſſe withered or green, perceived and taken in Meddow, Paſture, great or ſmall, or in other place, places: or Angles (ſo within the limits of the pariſh) whereſoever uProv. ang. c quoniam propter volumus.: Queſtion hath been moved of this Tythe to this effect, that is to ſay, whether it be predial or perſonal: It is anſwered to be predial xAncha cap pervenit. eod: For how be it the induſtry and labour of the perſon may ſeem and be alleadged more to prevail (as they tearm it) in the making thereof, then the nature of the ground, yet in that it is perceived of the ground, and gathered of, and from a place certain, in ſome one or other known, certain, and limited Pariſh, it is tithable as other predial tithes be yAd hoc epaſtoralis. ext eod., that is, to that Pariſh Church where the grounds doe lie. Without Deduction of charges.
The Fifth Queſtion.
Decima De Lana, i. Of Wool.
1 Whether the ſheep of Sons and Daughters be tithable (or not) with their fathers flocks wherein they do goe?
2 Where ſheep be removed from one pariſh to another, how the Tithe is divided by rate and proportion of time?
3 If ſtrange ſheep be brought to another pariſh and there be cliped or ſhorn, how they be tithable there?
The fift Queſtion.
1 OF profits and increaſe of ſuch profitable beaſts before mentioned, & ſpecified in particular under the words Lana Agnis, queſtion is moved to this effect, there be in one family divers perſons having to the number of 3, 5, 6, 8, or 10. Lambs or fleeces of wool more or leſſe, their ſheep be depaſtured and ſo be reputed part and parcel of the flocks wherein they walk, couch, and do feed: The queſtion is of their Tythes, whether they be tithable with the flocks, or in their ſeveral parcels? It is anſwered, In their ſeveral parcels, and the reaſon is, Animalia quae gregibus alienis admixta ſunt, remanent eorum propria non quorum ſunt greges, ſed quorum ſunt animalia: i. Beaſts intermingled with other mens flocks, do remain notwithſtanding proper and peculiar unto thoſe, not whoſe be the flocks, but whoſe be the beaſts zc. Cle. c.. Howbeit in Countries where perſons ſuch as Sons, & daughters, in their fathers power, government, maintenance, and finding, ſhal have ſuch beaſts or cattel intended in law, and counted in bonis profectio & adventitio, 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 uſe and fruits, the bare property remaining to the children, the Tithes of theſe beaſts ſhall bee reckoned with their Fathers aArg. ad hoc ff. per quas perſonas nobis Sect 1., and not in their ſeveral parcels, and the reaſon is, Vt ipſarum rerum quae in fructu ſunt et patri adquiruntur, pater ſolvat dicimam, &c. i. Of things in increaſe and procured to the father, ſo ſhall the father be anſwerable for the Tythe bGlou. prou. ang. de dec. ver. decima lanae., the property notwithſtanding reſerved to him or her to whom it belongeth, his ſon or daughter. But for that Patria Poteſtas, i. That legal power and prerogative of Fathers is not in uſe, neither yet Profectitium nor Adventitium peculium are known in England, the beaſts of Sons and Daughters here mentioned (in reſpect of their tyth) ſhall not be reckoned with their Fathers Cattel, but as the Cattel of other ſtrangers: and what is given by the Father to the Sonne or to the Daughter, is their own, except the Father by expreſſe words ſhall reſerve the fruits of ſuch cattel ſo given, to himſelf.
2 Where ſuch cattel be removed 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 obſerved: otherwiſe the law is, viz. Quaelibet Eccleſia pro rata temporis portione decimas percipiet. i. Every Church ſhall receive it tithes by rate and proportion of time: but the queſtion is, of what ſpace this rate and proportion is meant? It is anſwered, of xxx. dayes, and ſo to be rated by Thirties from Thirty to Thirty, Minori trisginta Dierum ſpatio in rata temporis minime computando, i. Under or leſſe then the ſpace of xxx. dayes not to be counted in rate and proportion of time cText. prouin. ang. caquoniam vt audinimus. eodem.: for example, The pariſhoner hath forty ſheep which yeeld him at ſhearing day foureſcore Pounds of Wooll: that Church is intereſſed intirely in the tithe in whoſe Pariſh the whole year they couched and depaſtured: that Church in the half, that is, in the tithe of 40. pounds where the halfe year they couched and depaſtured: that Church in twenty pounds where they couched three months and depaſtured: and ſo ratably four moneths, five moneths, more or leſſe accordingly: and that Church in whoſe Pariſh they couched and depaſtured but One Month, that is xxx. dayes, but in the tythe of the twelfth part thereof, that is, of the whole Fourſcore pounds, but the tenth of Six pounds and half, and under thirty dayes as afore is ſaid, no allowance at all dc. Ver ſed oves.. But note, if the whole time they couch in one Pariſh, and depaſture in another, the Tyth ſhall be devided.eSect ſi vero. …ledge…onſt. praeal.
3 If peradventure they come from a ſtrange and unknown place to any Pariſh to be clipped or ſhorne, there the tithe muſt be paid, except it may appear the ſame to be ſatisfied to the Church whence they came.fSect & ſi o…ledge…es conſt. ead.
The Sixth Queſtion.
Decima de Agnis, i. Of Lambs.
Decima de Vitulis, i. Of Calves.
Decima de Procellis, i. Of Pigges.
Decima de Pullis, i. Of Colts.
1 Whether the perſon may expect his Lamb (the next year following) if the pariſhioners number in any one year amounteth not to ten? And what, if he faileth then?
2 When ewes be removed, and other ſuch cattel and beaſts from one pariſh to another, how the ſeveral Churches be intereſted in the Tithe of their Lambs, and ſuch other increaſe.
3 Of Lamb, calf, Kid, colt, pigge, &c. and when is their Tythable time?
The Sixt Queſtion.
1 FOr tythes in profitable beaſts, the Parſon may expect the fall of the Tenth the next year following, if the number in any one year amounteth not to ten, according to the text of the conſtitution gText provin ang. co. quoniam propter de decim., viz. Vel expect et rector uſque ad alium annum donec plenarie decimum agnum poſſit recipere, ſi maluerit: i. Or let the Parſon (if ſo he had rather to do) expect another year, till he may fully receive his tenth Lamb. Now it falleth out the Parſon uſeth his liberty and refuſeth his Lamb at ſeven, and his half pence at Six, and the Pariſhoner the year following hath never a Lamb at all: The queſtion is, how the tyth ſhall be ſatisfied? It is anſwered, (in this caſe) the Parſon hath no remedy in law, and the reaſon is, a principio male eligendo fuit in culpa, ergo in hoc ſibi imputetur, i. He made his choice but ill at the firſt, which was his own default, and therefore he muſt blame himſelf hArg. ad hoe inſt. quod cum eo qui in alt. pot Sect. caeterum autem & glo. conſt. prov. praeal. verb. poſſit recipere.. Yet Lyndwood affirmeth in this caſe, That in regard of the Church, in reſpect whereof tithes ought not to be loſt, and in regard of the party himſelf, the owner of the fruits, who without ſin cannot detain by any colour the rights from the Church, though the Parſon (for his own ſake) cannot relieve himſelf Jure Actionis, i. By right of action: yet for the Churches ſake Officium Judicis, i. The judge his office may be deſired ic. verb. conſt. praeal..
2 Yeaws be ſometimes removed from grounds to grounds, from pariſh to pariſh, the queſtion is, (in this caſe) of the right of their tithes: It is thus anſwered by the text law kc. Quoniam ut audivimus. eonſt. Provin. ang Sect agni. eod.. viz. The tithe of Lamb is payable in manner and forme as be the tyths of calves and colts and ſuch other like tithable increaſe, mentioned to be Pigge, kid, &c. of which the Law determineth thus, viz. Habita ratione ad loca diverſa ubi gignuntur, oriuntur, et nutriuntur, & ad moram quam traxerint eiſdem particulariter decimentur, i. They be tithable by rate and proportion (particularly) to the ſeveral Churches in whoſe pariſhes they were ingendred, brought forth, and nouriſhed lCa. & Sect. prae.: for example, The Yeaw goeth five moneths with her Lamb, they put them together the Male and Female the laſt of September, where they coupled they remain one monethmonth: they be removed to a ſecond pariſh, to a third, to a fourth, and to a fifth, where they be depaſtured ſeveral months: in this caſe Vnuſquiſque pro tempore ſuo: i. Every Parſon for his time mGlo. c. & Sect praeal. verb. particularitur., that is (the ſeveral times and places conſidered) the ſeveral Churches in the tyths have ſeveral rights accordingly nC. & Sect prae..
3 And touching the queſtion of their tithable time, it is anſwered thus, Faetus ablactatus eſſe debet antequam preſtetur, i. They muſt be, weaned, weanable, or of ſtrength to live without the damme oRebuff, co., except cuſtom hath obſervedq. 6. un 30. Inno. hoſt. & alii in ca. cum homines. eod. therein a time certaine, the which where ſo it is, there it muſt be continued. Look cuſtom the 6.
The Seventh Queſtion.
Decima De Lacte, i. Of Milke.
Decima De Caſeo, i. Of Cheeſe.
1 Milk and Cheeſe how? and when they be tithable?
2 If Cattel feed in one pariſh and couch in another, how the profits be tithed?
3 Where Cheeſe is tithable, and the number of Cattel ſo ſmall that none can be made; how the tithe ſhall be anſwered for their ſmall proportion?
4 Where Milk of ſheep is tithed in kind, how they be tithable (for their paſture) in the Winter, when they doe yeeld no ſuch profit?
The Seventh Queſtion.
1 MIlk and Cheeſe, viz. of Kine, of Sheep, or of Goats, they be reckoned as In pecudum fructu, i. In the increaſe of ſuch cattel pff. de uſufr, l. in pecudum inſt de re. di. Sect in pecudum., as alſo be Lana & faetus, i. Wooll, Calfe, Kid, and Lamb, whereof mention is made in the fifth and ſixth queſtions before: and touching queſtion herein to be made, ſuppoſe of the Milk when it is perceived and taken, of the nine parts thereof (when the tenth is duducted) there be made ten cheeſes it is anſwered, in this caſe, The cheeſes are not to be tithed qde reg. iur. in 6.: for cheeſe is not tithable but where milk is not tithed: and ſo of the other: briefly, they be tithable either of them tempore ſuo, i. In their ſeaſons rc. quoniam propter prae. de decim., and ſo long, and ſo ſoon, as either Milk or Cheeſe ſhall be perceived and taken (in their kind) by the Pariſhoner: there can be no cuſtome of intermiſſion to the contrary. Look Cuſtome, the 3. And what the Law of cuſtome may be in this caſe, followeth here the 3.
2 Sometime theſe cattel 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 anſwerd in the text Law, viz. Quod inter Rectoris dividatur, i. In this caſe the Parſons ſhall divide ſc Quoniam ut audivimus. praeal. Sect decima..
3 Queſtion alſo herein is moved further in Law,tc quoniam propter prae. Sect quid vero., where ſuch tythes be payable in kind, and the number of cattel ſo ſmall as Lyndwood ſuppoſeth uin cap. & Sect praeal verb. modicitatem.of ſome one or other Pariſhioners, which have not only three, two, or peradventure but one onelyonly Cow, and thoſe, or that to be milked but alternis diebus, i. But each other day, by reaſon whereof the pariſhioner can make no cheeſe at all: what is the Churches right in this caſe? It is anſwered in the text Law xc. Sect praeal. …ledge…n fin.. viz. Conſuetudini locorum duximus relinquendum, i. The cuſtome of the place muſt be obſerved: provided the cuſtome be, that Certum quid ſoluatur, i. That ſomewhat be paid in conſideration and liew yext. e. ti. c. …ledge…n 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 tithes of ſuch profits as ariſe, as may appear in cuſtome the third, onelyonly it may limit ſolutionem decimae, i. Cuſtome may moderate the payment of Tithes. Look cuſtome the fourth. Hither (by a conſtitution provincial of England) alſo be referred Calf, Colt, Pigge and ſuch like, that is, when their number is ſo ſmal that they cannot be tithed: it is the Chapter Quoniam ut audivimus, and Paragraph quid vero, which conſtitution Lyndwood affirmeth upon the ſame Paragraph, that it extendeth not to Wooll and Lamb, but citeth there another expreſſe and peculiar ordinance for the ſame, viz. If the Pariſhoner ſhall have ſix Lambs or under, he ſhall yeeld for his tith for every Lamb a half-peny: if ſeven Lambs, he ſhall yeeld a Lamb for his tithe, and receive three half-pence: if eight, a peny: if nine, the Pariſhioner (onelyonly) receiveth a half-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 provincial conſtitution is had of Wool. It is the Chapter quoniam propter, and Paragraph De nutrimentis, in the title of tithes.
4 Poſt feſtum, &c, i. after the feaſt of Saint Martin in winter, ſheep be eftſoons removed from pariſh to pariſh, or elſe they doe continue in one and the ſame pariſh from that feaſt till ſhearing day enſuing: the queſtion is, of their tithes? It is anſwered, they be tithable thus, viz. Habita ratione ad numerum ovium Paſcua eſtimentur, i. The paſture in this caſe muſt be conſidered (for want of their milk in this ſeaſon) by the head or number of the ſheep that depaſtured in them zc. Quoniam ut audivimus praeal Sect quod ſi prov. a g. c, and ſo ſhall the tithe be rated and yeelded ac. Sect. prae. c: by rate and proportion of time (by the monethmonth bGloſſ. c. Sect praeal. verb. eſtimentur.) as Lyndwood inferreth, and as it is ſaid of thirty dayes, and by thirties and ſo from thirty to thirty, as in the firſt queſtion before of Wooll.
The Eighth Question.
Decima de Fructibus arborum, i. Of Fruits of Trees.
1 Of apples and other ſuch fruits of trees, what of their tithable time?
The Eighth Queſtion.
1 FRuits of trees, viz. Apples, pears, wardens, &c. the queſtion is of their tithable time: it is anſwered, Statim fructibus collectis, i. So ſoon and immediately when the fruits ſhall be gathered cc. cum homines eod., and the reaſon is, quia minus ſoluit, qui tardius ſoluit, i. He diminiſheth his duty that delaveth the timedſi cui in ſi…ledge…ff. de verb. …ledge….: if therefore: the Pariſhoner ſhall gather his fruits, and neither pay the Tythes preſently, nor moniſh the parſon to receive them, but ſubtract them, or that (otherwiſe) they be impayred or loſt, tenebitur, ſaith the Law; that is, The Pariſhioner is bounden to what ſatisfaction look the Statute 2. Ed. 6. 13. for fruits be Tythable, and predialcum ho…ledge…nes prae. eod. …ledge…xt. …ledge…. 1. e. ad A…ledge…ſtolice. c. …ledge…rvenit eod.
The Ninth Queſtion.
Decima De Seminibus, i. Of ſeeds: Hemp, Flax, Onions, Rape and ſuch like.
Decima De Herbis, i. Of Pot-herbs.
Decima De Curtilagiis, i. Of places adjoyning to manſion houſes, applied to ſeeds and herbs.
1 Of Seeds and Herbs, what manner of tithes they be?
The Ninth Queſtion.
1 Seeds and hearbs, viz. of Flax, Millet, Hemp, Leek, Onion, Rape, Percely, Sage, Mint, Rue, &c. comprehended under the words Seminibus, Herbis, Curtilagijs, they be tithable gc. quoniam propter prae. prov. ang c., as they be perceived and taken in Gardens, or in the fields, either of the ſeed, or of the herb before the ſeeding time hConcor. ext. eo. c. ex parte canonicorum, Niſi parochiani competentem fecerint redemptionem, i. Except the pariſhioners ſufficiently ſhall redeem or compound for the ſame ic. quoniam propter prae., theſe be Minutae decimae, i. Small tithes according to the Evangeliſt kLu. 1… Hoc. ex multiplici. eo., viz. Ye tyth mint and Rue, &c. And therefore in them no great queſtion to be made.
The Tenth Queſtion.
Decima De Pannagiis ſilvarum, 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.
1 BY the chapter Sancta Eccleſia, in the provincial Conſtitutions of England, and title of Tyths, the tyth of Maſt and of other ſuch wood and wilde fruits, be payable, viz. Si vendantur, i. If they bee ſold lc. Sancta eccleſia pre…redge…: that is, (as the gloſſe inferreth) of the tenth peny, if they be ſold; otherwiſe, that is, if Swine franckly & freely received & fed, without conſideration of charges to the owner, in this caſe Tranſeunt fructus cum onere, i. The fruits do paſſe with their charges mglo. in d. verb. ſi ven…redge… dantur. ubi …redge… hoc exteo. c…redge… paſtoralis, …redge… Inno ext. c. commiſſum., viz. with the burthen of tythes.
The Eleventh Queſtion.
Decima De Molendinis, i. Of Mills, forced by wind, water, &c.
Decima De Vivariis, i. Of Parkes, Warrens, pools, ponds, &c.
Decima De Beſtiis guarenarum, i. Of wild beaſts under cuſtody, &c.
Decima De Columbariis, i. Of Dove-cotes, or houſes.
Decima De Apibus, i. Of Bees.
1 What manner of tithes they bee? And how they be tithable?
The Eleventh Queſtion.
1 QUeſtion hath been moved of the tyths of Mils, Parks, Ponds, Warrens, dovehouſes, and Bees, to this effect, viz. Whether they be predial, or perſonal? it is anſwered, They be predial, and tithable without deduction of chargesnDD. in cap. …ledge…aſtoralis. & …ledge…liis ca. eod., for the reaſon alleaged in the fourth Queſtion before. And they be tithable thus; that is to ſay, not the tenth of the rent for mills (as they tearm it) the tenth peny, nor for Bees, the tenth Bee, or warm, or Hive, but De proventibus molendinorum, i. The tenth meaſure of Corn for Millsoc: quoniam propter, pre-Sect de protentibus & ibi …ledge…lo. verb. inti…ledge…re., and ſo for Bees, the tenth meaſure of hony, the tenth waight of wax, briefly, De cera & melle, i. Of Hony and waxpHoſt. & alii. …ledge…. nuntios. c.. And the law and reaſon is of theſe tithes, eſpecially of Mills, as of other predial tithes, whereof (for example) it is ſaid, Tranſit herba paſta cum onere ſuo ad dominum beſtiarum, i. Where grounds or paſtures be demiſed, or their herbages ſold, the owner of the beaſts is chargeable with the tythe qAd hec ff. …ledge…e uſuft. l uſu. …ledge…ructu legato…ledge… item ſi …ledge…undi.. Eſpecially for the practiſe of England, look what is ſaid in the Third Queſtion before. Hither be referred Parks, Ponds, Dove-houſes, &c. for Fructus tranſit cum onere ſuo, i. Fruits be lyable to their charges. Look in the Second Queſtion before, 2.
The Twelfth Queſtion.
Decima De Aucupiis, i. Of Fowlings.
Decima De Venationibus, i. Of Huntings.
Decima De Piſcationibus, i. Of Fiſhings.
1 Beaſts, Fiſhes, Fowles, how (diverſly) they be tithed, (diverſly) conſidered?
The Twelfth Queſtion.
1 THe profits that be mentioned & contained under the words Aucupiis, Venationibus, Piſcationibus, i. Of fowlings, Huntings, fiſhings, queſtion hath been moved of the tythes of the ſame, viz. The Pariſhoners of N. one of them fowleth, another hunteth, the third fiſheth, in the fields, grounds, and Rivers of B. the queſtion is of the tithes, of their advantages taken, and which of the Churches be Interreſſed in the ſame, viz. whether the Church of N. where the Pariſhoners inhabit, or the Church of B. where the Profits were taken? It is thus anſwered, viz. If the Pariſhoner had of the owners of the places franck and free liberty to fowl, hunt, and fiſh, the Church of N. that is, their own pariſh Church ſhall be intirely interreſſed in them, as in perſonal tithes rInno. in ca. non eſt, eod. & ibi Hoſt. verb. de venatione.: but if any conſideration be required, either in money or in part of their gain, that profit onelyonly received by the owner, is predial and tithable to the Church of B. that is to ſay, in that pariſh where the fields, grounds, and Rivers do lie ſInno. in & Hoſt. cap. & verb praeal.. De caeteris vero, i. Of the reſidue, that is to ſay, of the clear gain of theſe Beaſts, fiſhes, and fowles, all charges and expences, in, about, belonging, and concerning theſe profits taken, deducted tD D. praeal. in ca. paſtoralis, eod., the Pariſhoners that took them be chargeable withall to their pariſh Church of N uDD. in d. c. Non eſt ibi idem not per D D. prae. in decimis a vium & ferarum gloſſ. in pre. c. quoniam propter Sect de piſcationibus provin. ang. eod. verb. debit o modo., mentioned before: and the reaſon is, the Fowls, Beaſts, and Fiſhes be taken artificio, miniſterio & opere hominis, i. By the art onelyonly, labour, and induſtry of man, from whence proceedeth perſonal tiths xc. ad apoſto. licae. eod., payable onelyonly where the Pariſhioners inhabit yc queſti 16. q. 1.. But if the conſideration mentioned here, required and taken by the owners, commeth not by art, or induſtry, but Ex hu ro, i. By way onelyonly, and means of the ground zInno. Hoſt. …ledge…n c. non eſt praeal eod. verb. de venatione., from whence do ariſe all predial tithes ac. 1. c. ad apoſtolice. c. pervenit. prae. eod.: payable onelyonly in the place and pariſhes within whoſe bounds and limits they are bcap ſin. de parochiis.. Thus they be divers, theſe tithes, diverſly reſpected, that is to ſay, predial or perſonal; note the difference. Note alſo, that where ſuch tithes bee demanded, it is where ſuch art, induſtry, and travel is anſwered and rewarded, not with pleaſurecRebuff. eo. …ledge…. 8 nu. 17., but with profitdAncha. in …ledge…raeal. c. non …ledge…ſt. co. col. 2.. Queſtion hath further been moved of theſe profits and advantages aforeſaid, to this effect: viz. the pariſhioners mentioned of N. had franck and free leave and liberty to hunt, fiſh and Fowl within the fields, grounds, meddows, rivers, and running ſtreams of B. mentioned before: they took, preſerved and reſerved alive their beaſts, fowls, and fiſhes, and ſo they conveyed them to certain their own proper and private grounds, within the bounds, compaſſe, and limits of another pariſh, then either of N. where they dwell or of B. where they took them: they include them (there) theſe beaſts, fowls, and fiſhes, and compaſſe them within parks, Warrens, ponds, pooles, houſes, ſuch as be mentioned and comprehended under the words Vivariis Columbariis, in the eleventh queſtion before. Thus they feed and nouriſh them, and they breed, and increaſe in their kindes: now, in that theſe incloſed and limited places do alter and change (in law) the nature of the profits of the nouriſhed Creatures within them eRebuff. eo. nu. 14. & 15. ad hec Inno. & Pan. in d. c. non eſt., which of the Churches have right to the Tithes? It is thus anſwered, viz. They were included at the firſt as they were taken, that is, by art and induſtery of man fInno. & Hoſt. in d. c. non eſt.: howbeit they increaſe not by induſtery and art, but by the nutriment and nouriſhment of the waters and grounds, where they live ex ſola gratia Dei, i. Of the meere grace and bounty of God gD D. prae. in d. c. non eſt.: and therefore for the rate, value, and proportion of themſelves, they remain theſe profiets as they were taken at the firſt, that is, perſonal: Tithable to the Church of their Pariſh that took them hPan in cap. praeal. & ibi An. de intellectu Hoſtienſis ad idem.. But their increaſe is predial, Tithable to the Church within whoſe limits they be, and be fed, and nouriſhed iPan. & D D. in d. c non eſt.. The circumſtances of theſe tithes mentioned in theſe caſes, according to that worthy and of famous memory Hoſtienſis, do make them neither meerely predial, nor meerely perſonal, but mixt Tythes kHoſt. in ca. praeal.: payable notwithſtanding as predial and perſonal diverſly reſpected as aforeſaid. So, conſider thus (briefly) of theſe Tithes, that is to ſay, conſidered as they be included within compaſſe, limits, and bounds (from their natural liberty) tyed and reſtrained to the ſame, as in ponds, parks, warrens, houſes, and in ſuch like limited places, they be predial Tithes: but conſidered as they enjoy (at their will) their natural liberties, as Fiſhes, the Sea; Fowls, the Aire; and Beaſts, the Fields; in that they are not reckoned of any place certain, their Tithes be not predial but perſonal: touching therefore queſtion herein to be made, to what Churches they be due? It is anſwered as of predial and perſonal Tithes: that is, the one to that Church in whoſe Pariſh theſe limited places aforeſaid do lie that doe make them predial; the other to that Church in whoſe pariſh the Parſon doth inhabit that maketh them perſonal. And this is the difference.
The Thirteenth Queſtion.
Decima De Cignis, i. Of Swannes.
Decima De Aucis, i. Of Geeſe.
1 Of Swans, Geeſe, Ducks, and how they be conſidered of.
The Thirtenth Queſtion.
1 SWanns, Geeſe, and Ducks, be diſtinguiſhed thus, viz. whether they bee Volantes, i. whether they be wilde and do flie, or be tame, or not: this conſidered, the profits be tithable accordingly: for example, The Cygnets, Si naſcuntur in loco certo, & ſuſcipiuntur a loco certo, i. If they be brought forth and ſo be taken in and from a certain and known place, they be predial and tithable, as predial Tithes: if from incertain places, they be perſonal, and ſo they be Tithable, viz. as perſonal Tithes lGloſſ in c. ſancta Eccleſia prae. Sect. 1. …ledge…er cignorum.. It is affirmed of them, as of beaſts, fowls, fiſhes mDD. ext. c. it c, non eſt., in the queſtion laſt before. Hither by the chapter Sancta Eccleſia, in the provincials of England, be referred Geeſe and Ducks.
The Fourteenth queſtion.
Decima De Ovis, i. Of Egges.
1 Of Egges, where tithes be yeelded, whether chickens be tithable there?
The Fourtenth Queſtion.
1 DE Ovis, i. Of Egges, it hath been moved whether they be tithable in ſuch places where tithes be yeelded of Chickens? By the written law it may be anſwered, as of milk and Cheeſe in the ſeventh queſtion before, the 1. Howbeit Cuſtome in this caſe prevaileth, as experience ſheweth in ſome parts of this Land nGloſſ. in. de ſancta eccleſia. cap. quoniam ut audivimus ver. pulli..
The Fifteenth queſtion.
Decima De Artificiis, i, Of Crafts, and manual occupations.
Decima De Negotiationibus, i, Of trades by wares, Marchandiſe, &c.
1 Of perſonal tithes, what time, place, and perſons, be required in them, and of whom the Church is forbidden to receive either perſonal tith, or Oblation?
The Fifteenth Queſtion.
1 TRades, Crafts, and Manual Occupations, they be perſonal, and of the profits doe ariſe meer perſonal tythes: touching therefore firſt their tythable place, it is anſwered in the Twelfth queſtion before. Of their tythable time, it is anſwered in fine anni, i. They be payable at the end of the year oGloſſ. in c. revertimini. verb. ann us., and as our cuſtom is, at Eaſter. Of perſons that be chargable with theſe perſonal Tithes, it is anſwered of ſuch perſons, which of cuſtom have, or of right ought to have paid their perſonal Tithes p2. Ed. 6. 13. Look the Summaries of the Statutes enſuing. There are of theſe perſonal tithes (in divers caſes) Opinionum conflictus, i. Diverſities of opinions qRebuff. q. 13 nu. 44. & ibi. cit. But. in parochianos infin. eod.but herein they agree, viz. Hae Decimae perſonales, magis in difficultate, & ſubtilitate, quam utilitate conſiſtunt, i. They are theſe perſonal tithes, more intricate then profitable rHoſt. in ca. paſtoralis in fin. eod. & 10. detur. cre. in revertimini praeal. nu. 12. ver ad ſeptimum. 16. q. 1.onelyonly this (to conclude) muſt bee noted, that is to ſay, all perſons (conſideration had as afore is ſaid) be bounden to offer their perſonal Tithes to the Church, but the Church is forbidden (of all perſons) to receive them ſHoſt in ca: ex tranſmiſta. eod. arg. ca. Oblationes. 90 diſt Deut. 3.for example, The Harlot, the Robber, the Uſurer, &c. they bee not exempted, but the Law rejecteth them, their perſonal tithes, and Oblations: Non inferas mercedem meretricis, &c. i. Thou ſhalt not bring the hire of an Whore, nor the price of a Dog into the Houſe of the LORDte miror 17. q.4. And for the other, quaeſtus fit ex peccato, i. Their gain ariſeth of ſin: the Church is therefore forbidden to receive of them, Ne ipſorum videatur approbare turpitudinem, i. Leaſt the Church ſhould ſeem to approve their Iniquitiesuc. ſi tantum 6. q 2. hec Rebuff q 5. nu. 18. 8. 19.
Here do end the queſtions of Tything, moved (in times paſt) and anſwered: and which be now urged (ordinarily) and decided at this day.