The parsons guide: or The lavv of tithes.: Wherein is shewed, who must pay tythes, and to whom, and of what things, when, and how they must be paid, and how they may be recovered at this day, and how a man may be discharged of payment thereof. By W.S. Esq;

CHAP. VI. (Book 6)

When, where, and how Tythes payable must be paid and set forth, and when the Parson, &c. may take them:

FOR answer to this Question in the general, the Law saith, That all Tythes and Church duties are to be yeil∣ded and paid according to the usage and custome of the place where they are to be paid. Stat. 27. H. 8. 20. 32 H. 8 7. And for Predial Tythes, the tenth part of the profits are to be set forth and divided from the nine parts in the place where they grow, before the Owner taketh away his part thereof: and the Owner is to send to the Parson, who is to send his servant when the Title is to be served, and see that it be justly done; and then the Law doth give him a reasonable time to take it away. And if Tithe be once set out and divided, the Parson, not the Parishioner must look to it, for he must bear the loss of it, if any come to it. And this setting out of the Tithe the Law saith must be ef∣fectual; and therefore if the Owner set out his Tythe, and then take it away again, this is not a good payment of his Tythe: and if the Owner sell the whole to another before the Tythe be set out, with an agreement to deceive the Par∣son; this is fraud, and not allowed for a good payment in Law And this must be heeded as to the manner of Tything, That the custom of the place is to be observed; for in some places the custome is to leave the Tythe in grass in swathes, in other places in windrowes, in other places in grass cocks, in other places in hay-cocks, and either way it is good. So for the time when, and place where, the cu∣stome of the place must be followed, but the Parson shall

have reasonable time to take it away. Broo. Trespass 125. Cook 2 Part Instit. 610.

To give to the Parson the Tenth Acre of wood in a Cop∣pice, or the tenth coard (if the coards be equal) is a good * 1.1 payment and setting forth of this Tythe, especially if it be the custome of Tithing wood in the Countrey.

The Tythe of the Mast of Oak and Beech, if it be sold, must be answered by the tenth penny; it is be eaten by pigs, the tenth of the worth thereof must be answered. And the most reasonable way of payment for any thing sold, is to pay the Parson the tenth penny of the money made thereof.

The payment of Tithes and Church Duties in the City of London, which is 2 s. 9 d. in the pound of the rent of their * 1.2 Houses, is to bee made according to the usage there. Stat. 27. H. 8. 20. and 32. H. 8. 7. 37. H. 8. 12. Cook 11. 16.

The tythe of the new corn mil must not be the tenth pen∣ny of the rent, but the tenth measure of the corn, or the * 1.3 tenth tole dish, if there be no custome in it. But the Mil∣lard for his Fulling-mil, Rape-mil, Paper-mil, Iron, Pow∣der, Lead, Edge, Copper, and Tin mils; and so for an ancient Corn-mil, is to pay only personal Tythe, as for a Handicraft or Faculty. Pasch. 17. Jac. Johnsons Case. Fitz. Nat. Brev. 41. G. Coo. 2. 44. And if a rate tythe be paid for two Mils in one house, and one of them is made a Corn-mill; in this case Tythe shall be paid in kind for this Mill. And if one pair of mill-stones be turned into two pair of Mill-stones, now both of them must pay Tythe, and the priviledge is lost. Brownl. Rep. 1. Part 31.

The Tythe of the hay, may be set out and delivered in * 1.4 swathes, windrowes, or cocks, as the custome of the place is.

The Tythe fruit of Apple-trees, Pear-trees, & the like trees * 1.5 are to be set out and delivered when they are newly gather∣ed, and if then the Owner do not give the Parson notice and set them out, and they be by his meanes lost or impaired,

the Owner is chargeable to the Parson in treble da∣mages.

The common course of setting out and delivering corne * 1.6 by the common Law, is by the tenth shock, cock, or sheaf; but if the custome of the place be otherwise, the Parson must sit down by it; and if there be a custom to put the corn into shocks, and that every shock be ten sheaves, and that the Parson must have the tenth shock; it must be done by two Justices, B. R. But without a special custome binding the Owner of the Land, he is not bound to set the Parsons part of the corn up an end in shocks. Smith's Case, Co. B. the Conrt.

The tythe seeds and herbs of gardens and fields, as Rape, * 1.7 Hemp, Flax, Parsley, Fennel, and the like, and of Sage, Mints, Onions, Leeks, and the like, either of the seed, or of the herb before the seed time; this must bee paid at the time when the Owner doth receive in his nine parts thereof.

The time when the calves and Lambs are to be paid and delivered, is when they are weanable, and able to live with∣out * 1.8 the Dam, and unlesse there be any custom herein against the Parson, at this time all these young things are to be de∣livered. And if the owner sell any calf or lamb, in most places the Parson is to have the tenth penny of the money, and so must, if there be nothing in the custom against it. And if the Owner kill a calf in some places, the Parson hath the right shoulder, and the custome must be yeilded to as reasonable, if any thing though never so little, be paid for it, otherwise not.

The Tythe of milk and cheese is to be paid in the season * 1.9 thereof, and so long, and so soon as either of them is ta∣ken by the parishioner.

The tenth measure of honey and the tenth weight of wax, not the tenth Bee, nor the tenth swarm of Bees is to * 1.10 be paid for Bees.

The Tythe of chicken and eggs, of all kind of tame birds * 1.11 or fowle, as Swans, Hens, Ducks, Geese, they are to be delivered and paid, or that which is paid for them, accor∣ding to the custome of the place. But for wild Swans, Geese

and Ducks, if they be taken in, and from a certain and known place, they are said to be tytheable, as Predial Tythes; but if from incertain and unknowne places, they are said to be as personal Tythes. But I suppose no Tythe is to be paid in either case.

For personal Tythes, which is for Trades, Crafts, and manual Occupations, and the profit made thereby. It is * 1.12 provided by a special Law, That all such as use trading, buying and selling, handicrafts (except common Labourers) shall pay their Tythes, as they were used to be paid forty years before the Statute of 2 Ed. 6. and as of right they ought to be paid. And for this the Parishioner doth use at or about Easter (in most places the usual time of payment for smal Tythes) to pay a small sum of mony to the Parson or Vicar. And according to the custome of the place men are to pay, for without a custom for it nothing at this day is to be paid for this: by three Judges. Co. B. 17. Jac.

And for all, or any of these things, in case where the Owner may let or sell the thing of which the Tythe is to be had, the best way is to let the Parson or Vicar to have the tenth pen∣ny made by the sale, as they have generally of grounds let to strangers out of the parish; in which case the Parson hath commonly, and must have, if there be no custome against it, the tenth penny of the Rent.

But in no case the Parson or Vicar may take his Tythe be∣fore the same be severed from the nine parts and tythed. And if the Owner will not cut his corn till it be spoiled, the Par∣son is remediless. 12 Ed. 4. D. & St. 169.

Notes

• * 1.1

  Of trees and wood.
• * 1.2

  Of Houses in London.
• * 1.3

  Sect. 1. of Mils.
• * 1.4

  Of grass, cut or eaten.
• * 1.5

  Fruits of trees as Apples, &c.
• * 1.6

  Of corn sown
• * 1.7

  Of seeds and herbs.
• * 1.8

  Sect. 1. Of calves and lambs.
• * 1.9

  Of milk and cheese,
• * 1.10

  Bees.
• * 1.11

  Of hens, ducks wild and tame.
• * 1.12

  Sect. 3. Personal Tythes.