Abridgment of Ecclesiastical Laws, Treatise · Chapter 32 · Part 1
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ABby-Lands were five waies priviledged or diſcharged of Tithes, viz. by Compoſition, Bull or Canon, Order, Preſcription, and Unity of poſſeſſion of Parſonage and Land time out of mind, together without payment of TithesaHob. 308, 309.. It is ſuppoſed, that no Land which belonged to Abbots, Priors, &c. is at this day diſcharged of Tithes, but ſuch as came to the Crown by the Statute of 31 H. 8. c. 13. All Monaſteries under Two hundred pounds per A…. were to be diſſolved by the Statute of 27 H. 8. But thoſe of 200 l. per Ann. or upwards, not till the 31 of H. 8. The Unity aforeſaid, or perpetual Unity is, where the Abbot, Prior, &c. time out of mind have been ſeized of the Lands out of which the Tithes ariſe, and alſo of the Rectory of the Pariſh in which the Lands lie. Which Unity (as to a diſcharge of Tithes) muſt have theſe four properties, (1) It muſt be Juſta as to the Title: (2) Perpetua, or time out of mind: (3) Aequalis, that is, a Fee-ſimple both of the Lands and Rectory: (4) Libera, or Free from the payment of all manner of Tithes whatſoeverbIdem 300. Cro. 454, & 482.. In a Caſe where an Abbot held a P…rſonage Impropriate, which was diſcharged of Tithes, and had purchaſed Lands, ſo that the Tithes were ſuſpended in the hands of the Abbot; and afterwards the Poſſeſſions of the Abbot coming to the King by the Statute of 31 H. 8. The Queſtion was, Whether the Lands ſo purchaſed by the Abbot before his Surrender to the King, were diſcharged of the Tithes? It was the Opinion of Mr. Plowden in that caſe, that they were not diſcharged; for that no Lands were diſcharged, but ſuch as were lawfully diſcharged by right Compoſition, or other lawful thing; and in the ſaid Caſe the Lands were not diſcharged in Right, but ſuſpended only during the time that they were in the Abbots handscMich. 17 Eliz. B. R. Hughs Abr. verb. Diſm…s..
Acorns or Maſt of Oak ſhall pay Tithe, for they are of Annual increaſe, as in Lifo…d's Caſe dCo. lib. 11. & Regiſt. 49. & Reynold's C. Mores Rep.. Theſe Acorns or Maſt are known in the Law by the word [Pannagium:] ſo Lindwood, Pannagium eſt paſtur. Porcorum in Nemoribus & Sylvis, ut puta de glandibus, & aliis fruct…bus arb…rum Sylveſtrium, quarum fructus aliter non ſolent colligi. Lindw. de Decim. c. Sancta Eccleſia, verb. Pannagiis. And Mr. Skene de verb Sign. defines this to be a Duty given to the King for the paſturage of Swine in his Forreſts: Alſo Pannagium is taken for the money which is paid for the Pannage it ſelf, as appears by the Statute of Charta de Foreſta, cap. 90. Ʋnuſque liber homo, &c.eHil. 7 …. E. of Shrewſburi… 's Caſe. Bulſtr. p. 1, ….
Aftermoath or Second Moath: Of this Tithes ſhall be paid de jure, unleſs there be a Special Preſcription of Diſcharge by paying the Tithes out of the firſt Moath, and then it ſhall be diſcharged fPaſch. 41 El. B▪ R. per Cur. Hill. 10 Jac. B. Parſon of Stanfield in Suffolk, per Cur. Prohibit. granted.. But if a man pay Tithe-Hay, no Tithes ought to be paid d… jure afterwards for the paſture of the ſame Land for the ſame year, for he ſhall not pay Tithes twice in one year for the ſame thing, for that the After-paſture is but the Reliques of Hay, whereof he had paid Tithes beforegPaſch. 16 Jac. B. Nicholls & Hooper, per Cu. 3 Jac. B. R. Spencer & Johnſon. Paſch. 17 Jac. B. Kenniſton.. Nor ſhall Tithes be paid for Agiſtments in ſuch After-graſsh2 H. 4. Rot. Parl. nu. 93.. In Johnſon and Awberie's Caſe it was Reſolved, that Tithes are not to be paid for the After-paſture of Land, nor for Rakings of CorniCro. pa. 1.. And where in Awberies Caſe, Suit was in the Eccleſiaſtical Court for the Tithe of the After-mowings of Graſs, an… upon a Surmize, That the Occupiers of the Land had uſed to make the firſt Cutting of the Graſs into Cocks for Hay, and to pay the Tenth Cock thereof in ſatisfaction of the Firſt and After-mowings, a Prohibition was awardedkMore. Caſe 1212.. So that After-graſs, or After-paſture, or Aftermoath do not pay Tithes, where they have paid before of the Graſs of the ſame ground the ſame year, ſave where by Covin to defraud the Parſon, more Graſs is left ſtanding than was wont to be, or is there uſual; Nor is the Herbage of Cattel, which eat up that Graſs, Tithable, unleſs there be ſome Fraud in the caſelP. 7 Jac. C. B. adjudg. Mich. 6 Jac. C. B. Smith's Caſe Bulſtr. 2. 238. Cro. 2. 42. 116. Green's Caſe.. Notwithſtanding the Premiſſes, although the Aftermoath be not Tithable, where the Owner at his own coſts, charges and labour, made the firſt Graſs into Hay; yet Q. whether it may not be otherwiſe, where the Owner doth no more than cut down the Graſs of the firſt Moath?mCro. 2. 42. Hall verſ. Phettiplace..
Agiſtment, that is, a taking into Graſs the Cattel of Strangers within the Pariſh where the Graſs grows; this is Tithable, and regularly by the Owner or Tenants of the Land, not of the Cattel, unleſs the Cuſtome makes it Tithable by the Strangern17 Jac. B. R. & Cro. Car. 237. 559. Jones 254.. Heretofore there was not any Tithe paid for this AgiſtmentoF. N. B. 53.; but now the Law is taken to be otherwiſepAdjudg. Mich. 38 El. C. B. Griſman verſ. Lewes. Cro. pa. 3. 446.: And is (as aforeſaid) to be paid by the Owner, not of the Cattel, but of the LandqMich. 8 Jac. C. B. inter Baxter & Hopes.. Under this Notion of Agiſtment is alſo comprehended the depaſturage of Barren Cattel, whereof comes no profit to the Parſon, the Quota of which Tithes is regulated by the Annual value of the Land, the Number of the Cattel, or the Time of the Paſturing, according to the uſage and cuſtome of the place; yea, though the Cattel be bred for the Plough or Pail, to be employed out of the Pariſh where they are Agiſted, and by one that is no Inhabitant within the Pariſh, Tithes ſhall be paid for the Agiſtment of ſuch Cattel. But for profitable Cattel, as Oxen, Horſes, or Beaſts of the Plough, employed and uſed in the ſame Pariſh, no Tithes ſhall be paid for the Agiſtment thereofrRoll. 1. 646. a. 6, 7.: But if Cattel or Horſes be bought, not for any Husbandry in the ſame Pariſh, but to be ſold again, Tithe ſhall be paid for the Agiſtment thereof, and a fraudulent employment of them in the Pariſh to defeat the Parſon of his Tithes, will not prevent the ſamerRol. 1. 647. ….. A. ſued a Prohibition againſt B. Parſon of D. becauſe he Libelled in the Eccleſiaſtical Court for Tithes for Agiſtments; the Plaintiff pleaded, That he had alwaies paid 12 d. for every Milch-Cow going in ſuch a Paſture; and for this payment he had been diſcharged of Tithes for all Agiſtments in that Land. In this caſe it was ſaid, That this payment of money for Milch-Beaſts, ſhould not diſcharge him from the payment of Tithes for other BeaſtssHil. 43 El. C. B. Sharinglon and Fleet-wood's Caſe. Goldsb. 157.. In the Caſe of Lacie againſt Long the ſuggeſtion for a Prohibition was, That Parſon ſued in the Spiritual Court the Owner of the Land for Tithes of Cattel, which he took to Agiſtment, where he ought to ſue the Owner of the Cattle: It ſeemed reaſonable to the Court, that the Suit was well brought againſt the Owner; but be it quomodocunque, it belongs to the Spiritual Court to determine, whether the one or the other ought to be Sued; therefore for that reaſon, as to that point, a Conſultation was granted per Curiam tHil. 7 Car. B. R. Lacie verſ. Long. Jones Rep.. Vid. Paſture.
Agreement: No Parſon can by any Agreement made with his Pariſhioner bind his Succeſſors; but being made with him for his Tithes during only the Parſons life, this is gooduCo. 11. 19. 2. 43.. And an Agreement only by Word, without any Deed, may be good, made by the Parſon with his Pariſhioner, that he ſhall keep his TitheswYelvert. 94, 95.. A Parſon contracted with A. his Executors and Aſſigns, for 10 s. to be annually paid him by the ſaid A. his Executors and Aſſigns, That he, his Executors and Aſſigns, ſhould be quit from the payment of Tithes for ſuch Lands during the life of the Parſon: A. paid the Parſon 10 s. which he accepted of, and made B. an Infant his Executor, and died: The Mother of the Infant took Letters of Adminiſtration durante minori aetate of the Infant, and made a Leaſe at will of the Lands: The Parſon Libelled in the Spiritual Court for the Tithe of the ſame Land againſt the Tenant at Will. In this Caſe it was ſaid, That the Agreement did oblige the Parſon during his life: and although the Aſſignee could not ſue the Parſon upon the Contract, yet he ſhould have a Prohibition to ſtay the Suit in the Eccleſiaſt. Court, and put the Parſon to his Remedy for the 10 s. upon the Contract, for that he could not have Tithe in kind, by reaſon of the Compoſition madexPaſch. 21 Jac. B. R. Snell and Bennet's Caſe. Godbolt. 333.. If a Parſon agree and contract with one of his Pariſhioners, that he ſhall keep back his own Tithes, if that be made after that he hath ſown his Corn, and for the ſame year only, in that caſe the Agreement ſhall be good: And if the Parſon ſue in the Eccleſiaſtical Court for the ſaid Tithes, the Pariſhioner ſhall have a Prohibition; but if it be for more years than one, or before the Corn is ſowed, this ſhall not be good, by Coke and Foſter againſt Warburton; and Coke ſaid it was ſo Adjudged in B. R. in Parſon Booth's Caſe, That a Contract made with a Pariſhioner for keeping back of his Tithes for ſo many years as he ſhall be Parſon, was not good: and ſo it was Wellow's Caſe here alſo: But it was Agreed by them all, That ſuch a Contract or Agreement for the Tithes of any other was void; but only of the party himſelf, who was party to the Agreement, and that ought to be made by way of keeping them back. Vid. 20 H. 6. & 21 H. 7. 21. b. yMich. 8 Jac. 1610. C. B. Brown…. Rep. par. 2.. Tithes cannot be granted without Deed: It was Agreed by the Juſtices in Bugg and Woodward's Caſe, That an Agreement between a Pariſhioner and the Parſon, that in conſideration of twenty ſhillings per An. he ſhould hold the Land diſcharged of Tithes during the life of the Parſon, was not good to ground a Prohibition upon, for that the Grant of Tithes cannot be without DeedzCro. par. 1.. The like in Hawks and Bryafield's Caſe, in ſtay of Suit for Tithes in the Eccleſiaſtical Court, it was Surmized, That A. was ſeized of a Meſſuage and Lands in the Pariſh of D. and agreed with the Defendant being Parſon, in Conſideration of Ten pounds to be yearly paid by A. to the Defendant during their Joynt-lives and his continuing Parſon, in ſatisfaction of all Tithes growing upon the ſame Lands, that he ſhould hold the Lands without payment of Tithes. Reſolved, it was not a ſufficient Surmize to ground a Prohibition: For an Agreement to be diſcharged from payment of Tithes, for one year by word, may be good; but ſuch an Agreement during the life of the Parſon cannot be good without DeedaCrop. p…. 2..
Alms, or Things appointed for Alms, are not TithablebCo. Inſt. par. 2. 652. b..
Animalia Ʋtilia, ſuch as Cows, Sheep, and the like, ſhall pay Tithes in kind.
Animalia Inutilia, as Oxen, Horſes, and the like, though Tithe cannot be paid thereof in ſpecie; yet for their depaſturage, or what bargain is made for the ſame, Tithes ſhall be paidc2 Car. B. R. Poph. Rep. 197..
Apples: Suit in the Eccleſiaſtical Court for the Tithe thereof, in diſcharge whereof an Award or Arbitrement was there pleaded, and the plea refuſed; notwithſtanding which a Prohibition was denied dParker verſ. Kempe. Bulſtr. par. 2. Co. Inſt. pa. 2. 643, & Co. 11. par. 49. a. Dr. & Stu. 173..