there are none) oblations, obventions; and other perquisites on marriages, baptisms, &c. and in some places Mortuaries. (b)

The glebe needs no explanation,-nor do fees, or perquisites out of ceremonies performed; [the craft of Babylon, exercised by its craftsmen.] They may remind us indeed of the French satirist, in his Fables, 'Tant en argent et tant en cire; et tant en autres menous cous:' but it should be remembered, that the offerings, &c. now claimed as of right (through the force of custom) are but the relics of a Fund, which, before Tithes came up, maintained the ministry by the free gifts of the people. p. 7.

All TITHES are reducible to three kinds, Predial, personal and mixed.

1. Predial tithes are such as accrue from the Yearly fruits, profits or produce of the earth: [prædium is a farm or manor:] such as Corn [or other] grain, beans, peas, grass, hay, wood &c. the seed and profits of Rape, hemp, flax, anise, cummin, parsley, fennel, hops, saffron, woad &c: from herbs, mint, rue, sage, &c. and fruits; i. e. apples, pears, plums, cherries, figs, grapes, nuts, filberts, acorns, mast [of the beech,] and the like.

2. Personal tithes are such as arise, and grow due, by the profits that proceed from the honest labour and industry of mankind, in some personal work, employment, artifice or negotiation; as buying, selling, merchandizing; or the manual labour, art or occupation of Carpenters, joiners, masons, tailors, fishers, fowlers, hunters, or the like; and for this tithe there is generally claimed the tenth part of the clear profits they make, by their respective trades, arts or employments: but this is only paid by custom and in some places; and cannot be extended to such as hunt, fish, fowl &c. for their pleasure only.

3. Mixed tithes are such as arise, partly from the land where the thing or animal is produced, bred or fed; partly from the labour and care of man in their raising, breeding or feeding; [rather, partly from the land, partly from the natural fecundity of the creatures; for there is the like labour and care in raising corn and fruits:] Of which sort of tithes are Cattle, as calves, lambs, kids, roes, pigs; the wool of sheep, milk and cheese of cows, [quere, of sheep and goats;] and the eggs and chickens of Hens, geese, ducks, swans and the like.

Of Predial tithes, there are reckoned small and great; the first chiefly of the field, the latter of the garden: and the disputes' [says

(b) Mortuaries' are sometimes called Corse-presents: i. e. presents from the dead corpse, in order to obtain a remission and forgiveness, for any neglect or omission during their lives, in the payment of personal tithes, oblations and other church-dues.' p. 145.

By the Statute 21, Hen. VIII, c. 6, it appears that, before 1530, these had come to be claimed not only of the dead, lying at their homes unburied, but of such as being wayfaring persons died at houses of entertainment-and in the latter case of course were exacted from the parish officers. The Act provides both against this abuse, and against the excess of claim in the former case: fixing the mortuary fee at three shillings and four-pence, for a person leaving to the value

:

our Templar, with the entire simplicity of one often engaged in settling them] that arise touching either of these [for they fall to different claimants do generally terminate in these or the like queries; viz. Whether they are of sylva cædua i. e. of woods felled, and preserved to grow again; or of wood not for use, or apt for timber, but for the fire. If of trees planted for fencing of grounds; or in fields, pastures or hedge-rows of turves growing in fennish and moorish ground; or of pasture ground. If it be tithes of harvest fruits; or not: of hay of the first cut; or after-mowth; of wool, of lambs, of calves, of pigs, of colts, of milk, of cheese, of seeds; of hemp, flax, onions, rape, pot-herbs; of mast of beech or oak: of wind or water-mills; of parks, warrens, pools, ponds; of wild beasts under custody [the tenth calfelephant or cub-lion, of course!] of dove-cotes, of bees; of huntings, fowlings; of swans, geese, eggs; of crafts, trades and manual occupations; of negotiating, [say the tenth diamond-ring, since statesmen get now so many!] merchandizing, trafficking &c.' pa. 8, 9.

This definition of Tithe in general will be found to exclude the following sources of Income, as free: 1. The tenth of the Yearly Rent or value of Houses: yet is a claim to that kind of payment good in London, and in other places, by custom and by several Acts of Parliament. Custom is in all cases much to be heeded, as to both the matter and manner. 2. The tenth of the reward, or wages, of mere labour and industry. So personal tithes are not due [the very lawyers say] naturally, or of common right.

As to the DIVINE RIGHT now pleaded for Tithe, it is a mere creature of the superior authority of the Statute and Common Law. There is a Jus divinum in all Legal rights and properties: and whatever any man rightfully possesses, his title to it is jure Divino, [so says our Templar:] which does not exclude, or vary from, the law of man. This stream of Divine right derived from the Sulphureous fountain of the Canon law;' which was projected in order to exclude the Temporal Courts from intermeddling with what they called God's portion. Which though given by Laymen yet, (as they argue and pretend) being once vested in the Church,' could never be resumed, or applied to any Lay use, by any temporal power whatever. From this project arose those various contests [the fruit like tithe itself, of the corrupt tree of 'covin'] between the Courts Spiritual and Temporal, touching this and of ten marks and under £30 (the very poor being now excused ;) at six shillings and eight-pence for goods from £30 to £40, and at ten shillings for all higher estates-the value clear of debts in every instance. Here we have exaction carried as far as a dark and sordid superstition could desire--to a regular assessment of the dead and this, that they might not be followed by the curse of the priest into Hades; and tormented for his sake in the world to come!

Selden, in his History of Tithes says, p. 287,The ancient use was, to bring the Mortuary along with the corpse, when it came to be buried, and present it in its name.' This custom (adds the Templar) seems borrowed from the Heathen; and is too nearly allied to Charon's [boat] fare, to be good and therefore I shall say no more but, Malus usus abolendus est. [And posterity appears to have been taking his advice!]

other Ecclesiastical claims:-which ended in a restraint of Ecclesiastical jurisdiction, by writs of prohibition issuing from the Temporal Courts. p. 10-14.

To return now to the nature of a 'Living' in the Church, we have seen on what a multiplicity and variety of the products of the soil, and of human industry, (or of man's property in the Creation of God,) this mysterious Power had a claim in those ages of Intolerance; enforced, in every case, by the terrors of Spiritual authority—or, (should this fail) by the sword Civil, found ever ready for the pupose in Cæsar's hand! But the claim had its limits and exceptions, even in Common Law, independently of customs, some of which are now to be mentioned. No prædial tithe was due, of common right (though claimed by Divine,) of such things as do not increase from year to year. Therefore 1. None due from stone, pilcoal, turves, slates, bricks, tiles, earthen pots; nor of any thing made of earth.

2. Nor of marle, sand, lime, chalk, or other thing used for the improvement of the ground :—for of these the tithe (or produce of the soil) is made better.

3. Nor of any thing gotten out of the ground, as tin, lead, copper, or other metal: nor is tithe-ore due of common right. And yet by custom [that common warper of right] tithe of such things might be due, and payable.

4. No tithe is to be paid of aftermowth, or of stubble or rakings of corn; where it is done without fraud. Nor of brooms, gorze or furze, used for fuel within the parish: and, (by some books,) none of any wood or underwood.

Again, not of birds or beasts that are feræ naturâ (or game,) unless they be sold. Nor for hounds, apes, parrots, and the like, because only things of pleasure: nor for fish, or coneys. [In all which, we see the patron giving law to the incumbent, whom he has himself put in.] Also servants in husbandry, and (by reason also) beasts used in husbandry, shall not pay tithes; [for by their labour the predial tithes come.] Nor shall tithes be paid of Marriage-goods [the increase in this case (if any) being quite in another kind!]

The tithe of all tame fowls is to be paid either in their eggs, or in their young, in proper kind: viz. the tithe of geese, ducks and swans are usually paid in their proper kind; [the egg being here the worse security of the two;] and of hens and turkeys commonly in their eggs: but herein the custom of the place must be observed: only note you are not to pay in egg and chicken, both!

No tithe of the profits of mills; (at least so decided of a fulling-mill) because they come by human industry alone [and the corn is concluded to have paid tithe, already.]

Nor for timber trees, or trees above twenty years growth: or of such as are aridæ et putride. Nor for Cattle brought up for the pail [on a dairy-farm,] or for the plough. Nor for pigeons, unless by special custom: [for they too are fera naturâ, though it be felony to rob a dove-cote:] nor for a riding nag, i. e. kept for pleasure and not

for profit: [in both which, we see the patron again exempt; as afterwards, in the case of hay mown to feed deer.] p. 17-20.

Beans, peas, &c. which are great tithe, grown in the field, become small tithe in the garden; and many things deemed usually small tithe, as turnips, potatoes, parsnips, many seeds and herbs, &c. become great tithe by being made a crop of, in the field: as do saffron and woad, hops, hemp, flax :-and honey and wax in divers counties. p. 31.

Of common right, i. e. where the custom is not otherwise, the owner of the corn ought to cut down and prepare the same: i.e. divide it from the nine parts, bind it into sheaves, put it into shocks, cocks or heaps, &c. And if he refuse this, the parson may sue him for it in the Spiritual Court.

The tithes, so set forth, become Lay chattels : they are now the parson's goods; and the owner is not bound to preserve them until he carries them away: he is at his peril to take notice of their being set out; and if not taken away in due time, an action lies against the parson for a trespass, by the owner of the ground. [Glorious sources of strife!] But the custom of a place may oblige the parson to cut the corn, or mow the grass, &c (when measured out growing) for himself. Or it may be, for him to take every tenth land or ridge, beginning with that next to the church : and if the parishioner manure not such tenths or ridges duly, the parson may have an action at common law for the fraud and covin: &c. &c. p. 33. (c)

"If a man gather pease or beans [I suppose, in the field] to eat in his house, no tithes shall be paid of them: but otherwise it is, if he gather them to sell, or to feed his hogs; [he shall then pay tithe of the pease, and sell or eat his bacon tithe free!] Also the parson shall not have tithe both of corn, and of sheep taken in [to improve the land ;] pro melioratione agriculturæ intra terras arabiles. p. 36.

Cum multis aliis :—but I perceive 1 am growing learned in the law, and shall be over-tedious to my Reader. We will therefore conclude, with some special instances on one hand of the rapacity of staunch Craftsmen; and on the other, of the quirks and quibbles of payers, attendant on this odious method of providing for the Ministers of the word; whose time is certainly very ill occupied (saving all mention of their tempers) in looking after such receipts.

(To be Continued.)

(c) A parson, vicar or impropriator, may lawfully come by himself, or send his deputy, or servant, to see the Predial tithe set forth and severed from the nine parts; and the same then quietly take and carry away.

"But if, without the license and consent of the owner of the corn, grass, hay, &c. he shall of his own head tithe the crop of any Landholder within his parish, and thereupon carry it away, he is a Trespasser, and an action will lie against him for it. p. 186, 188."

CHARLES ELCOCK, PRINTER, PONTEFRACT.

ART. I.—TITHE, as it stood a Century ago, &c. Continued.

nor

No tithe is payable of the rakings, fairly made, of a crop; of stubble mown after it; nor of the after-crop or grotten, or grass of the same lands. 'Yet I conceive,' adds the author, if corn do shed in the fields, being beaten out by the wind, or lost upon the ground, and this corn do grow and become a crop in the following year, (which sometimes happens and is called self-sown corn) that tithes shall be paid thereof, as tithes of the land for the following year: for this is an yearly increase.' p. 41.

HAY is a predial tithe, the manner of tithing guided by prescription. Headlands, or the space on which the plough turns in arable fields (if not excessive in breadth) may be left to grow hay, free of tithe. And the farmer may give his cattle a portion of his mown grass (not having other fodder,) and it shall not pay tithe with the hay. Again, if he get a second crop of hay from the same land, and have made the tenth of the first into good and sufficient hay for the parson, he shall not pay tithe for this. For that the rule of Law is, that tithes shall be paid Ex annuatis renovantibus, simul et semel.' Thus no title comes of after-grass, by common right; and a custom must be pleaded for it: but then the first crop shall be duly mown short. p. 45.

N.B.

To make the parson's hay is more than the owner is bound to do, of common right. The parishioner is not bound to ted and shake the grass abroad, and to gather it into weaks and wind-rows : for the tithe may be set forth in grass-cocks' [to be made by the taker.]