Abridgment of Ecclesiastical Laws, Treatise · Chapter 32 · Part 7
G
GArdens are Tithable as other Lands, and therefore the Herbs which grow therein pay Tithes in kind. Alſo Plants, Seeds, Woad, Saffron, Hemp, Rape, &c. pay Tithes in kind, unleſs the Parſon make an Agreement for the ſame; otherwiſe the Tenth part muſt be ſet forth for the Parſon, when the Owner receives his Nine parts. Mich. 8. Jac. C. B. in Baxter's Caſe. & Trin. 9 Jac. B. R. The whole Court.
Glebe is a portion of Land, Meadow, or Paſture, belonging to or parcel of the Parſonage or Vicarage, over and above the Tithes. If it be Demiſed by the Parſon to a Lay-man, it pays Tithe; otherwiſe, if he keep it in his own handspOwen 35.. For Glebe kept in the Vicars own hands, pays no Tithe to the Parſon Impropriate, it is otherwiſe if it be in the hands of his LeſſeeqBrownl. 69., by whom it is Tithable, if lett by a Parſon Impropriate. And although Glebe-Lands are not properly Tithable, becauſe Eccleſia Eccleſiae Decimas non debet ſolvere; yet if Glebe-Lands be leaſed out the Parſon, the Leſſee ſhall pay the Small Tithes ariſing out of ſuch Glebe-Lands to the Vicar that hath Small Tithes upon his endowment, as in Blinco's CaſerBlinco verſ. Marſton. Cro. par. 1. 469.. And yet in that caſe the Vicar Libelled in the Eccleſiaſtical Court to have Tithes of the Glebe of the Parſon, and a Prohibition was granted, for that the Glebe ſhall pay no Tithe sdict. Caſ. Blinco. Mores Rep.. Notwithſtanding which, if a Parſon leaſe his Glebe-Lands, and do not withal Grant the Tithes therof, the Tenant ſhall pay the Tithes to the ParſontCro. Eliz. 161.. Likewiſe, if a Parſon ſow his Glebe-Land, and then Leaſe the ſame, the Tenant ſhall pay the Tithes of this Corn to his Landlord the ParſonuRoll. 655. k. 1.. Yet if a Parſon ſow his Glebe, and die before Severance, ſome have held, that his Executors ſhall not pay Tithes of this Corn. And albeit where Glebe-Lands are leaſed out by the Parſon, the Leſſee ſhall, as aforeſaid, pay the Small Tithes thereof to the Vicar, that hath the Small Tithes upon his Endowment; yet he ſhall not have the Small Tithes ariſing upon ſuch of the Parſons Glebe-Lands as the Parſon keeps in his own handswCro. Eliz. 578.. Likewiſe on the other hand it hath been held, That the Vicar upon a general Endowment, ſhall not pay Tithes of his Glebe to the Parſon, or of the Fruits that ariſe from the ſame, and that for the ſame reaſon aforeſaid, Quia Decimas Eccleſia Eccleſsae reddere non debet xCrompt. Caſ. Paſch. 7 Car. 1. B. R.. But the Leſſee of the Parſons Glebe ſhall pay him, the Tithes thereof; to this purpoſe the Caſe was, A Parſon leaſed all his Glebe-Lands, with all Profits and Commodities rendring 13 s. 4. d. pro omnibus exactionibus & demandis, and afterwards Libelled in the Eccleſiaſtical Court againſt his Leſſee for the Tithes thereof: It was the Opinion of the Court, That Tithes are not things iſſuing out of Lands, nor any Rent or duty, but Spiritual; and if the Parſon doth Releaſe to his Pariſhioner all demands in his Lands, his Tithes are not thereby extinct, and therefore a Conſultation was grantedyTrin. 31 El. B. R. Style & Miller. Leon. 300.. And ſo it was Adjudged 32 Eliz. in Babington's Caſe, That ſuch Leſſee ſhould pay Tithes to the Parſon, for that they are due jure divino, and cannot be included in Rent zHugh. Abr. vert. Diſmes. Sec. 2. & 5. Harris verſ. Cotton. Brownl. pa. 1. Actions of Debt.. As long as the Vicar occupies his Glebe-Lands in his own hands, he ſhall pay no Tithes; but if he Demiſe it unto another, the Leſſee ſhall pay Tithes to the Parſon that is Impropriate. If the Vicar ſow the Land, and die, and his Executor take away the Corn. and doth not ſet forth his Tithe, and the Parſon bring his Action of Debt upon the Statute of 2 Ed. 6. In this caſe the Court ſeemed to incline, that it would lie. The Glebe-Lands and Spiritual Revenues of Clergy-men, being held in pura & perpetus Eleemoſyna, h. e. in Frankalmoign,Vid. The Preſent State of England. pag. 228. are exempted from Arraying and Muſtering of Men or Horſes for the War, as appears in a Stat. of 8. H. 4. nu. 12. in the unprinted Rolls of that Parliament. An Abbot was Parſon Imparſonee of the Church where the Abbey and Tithes were, the Abbey was Diſſolved; the King granted the Monaſtery to one, and the Parſonage and Rectory to another: It was the opinion of the Juſtices, That if the Land of the Abbey was the Glebe of the Parſonage before the Impropriation, that then the Land was diſcharged of Tithes; for it remains Glebe notwithſtanding the Appropriation, and the Glebe cannot be gained by Preſcription, nor was ever chargeable to pay Tithes: And if the Parſon doth make a Leaſe of his Glebe, Mich. 5 Eliz. Mores Rep.the Leſſee (as was there ſaid, contrary to what was before ſaid) ſhall not pay Tithes; but the Demeſns of the Abbey, not parcel of the Glebe, ſhould be chargeable to pay Tithes, if they were not diſcharged in right of a Compoſition or perpetual Unity.
Graſs pays a Predial Tithe; but if a man cut Graſs, and before it be made into Hay, being only put into Swathes, he carry it thence and give it to his Plowing Cattel for their neceſſary ſuſtenance, not having otherwiſe Food ſufficient for them; in this caſe no Tithes ſhall be paid for the ſame, and Prohibition was granted. Mich. 9. Car. B. R. Crawley & Wells. per Curiam. The Caſe was, where J. Libelled in the Eccleſiaſtical Court for the Tithes of the Profits, which came of the Graſs and herbage of Paſture-Land, and upon a Prohibition granted; P. ſuggeſts, That he did feed on that Graſs and Paſture with his own Plough-Cattel, and with the Plough-Cattle of other man in the ſame Village. Noy, Conſultation ſhall be granted; for though a mrn ſhall not pay Tithes for the Cattel of his Cart, yet he ſhall pay Tithes for the Land whereon they do feed. Doderidge Juſtice, Where I do agiſt Cattel, and take the Cattel of other men to eat up my Graſs and Paſture, there I ſhall pay Tithes for the Graſs; Trin. 18 Jac. B. R. Johnſon & Parker's Caſe. Roll. Rep.otherwiſe it is, where the Graſs is only ſuch as I do depaſture with my own working Cattel. Crook cited Sherington and Fleetwood's Caſe, where a man Agiſts other mens Cattel on his Meadowgrou…d, whereof he paid Tithe-Hay afore time; and it was Reſolved in this Caſe, That he ſhall not pay Tithes for that Meadowground now fed with other mens Cattel after Harveſt, and no more than if he had depaſtured the Land with his own Cattel.
Gravel is not Tithable. Mich. 19. Eliz. B. R. & Paſch. 34. Eliz. C. B. Liff and Watt's Caſe.
Grain is computed among the Predial Tithes, which is to be ſet out according to the Statutes and the uſage of the place, Brownl. 1. 14. which holds true of all ſorts of Grain in all grounds within the Pariſh: The Law is the ſame touching Hay in Meadows.
Grounds lett to Strangers out of the Pariſh, the Tenth-peny of the Rent is commonly payable to the Parſon,Mich. 8 Jac. C. B. Baxter's Caſe. & Trin. 9 Jac. B. R. if no Cuſtome againſt it. Or Ground within the Pariſh lett to a Stranger without the Pariſh, is Tithable by the Ower of the Cattel, unleſs the Cuſtome there be osherwiſe. Or if the Ground be fed with Cattel that bring no profit to the Parſon, the Owner thereof muſt pay Tithes for them. Or Ground fed with the Cattel of a Stranger within the Pariſh, which brings no profit to the Parſon or Vicar, he is to pay Tithes for it; the Caſe therefore ſeems the ſame, if both the Ground and the Cattel be his own that is the Stranger, in caſe he work them in another Pariſh. But the Studs of Ground or the Meers thereof at the Ends of Land, and adjoyning to the Arable-ground, are not Tithable where the Land it ſelf pays Tithe, unleſs where being mowed for Hay, it hath uſed to pay Tithes.