THE Parson at first was hee that had the charge of a Parish Church, and was called the Rector of a Church; but he is most properly so called, that hath a Parsonage where there is a Vicarage endowed.

The Vicarage is a certain portion of the Parsonage allowed to the Vi­car for his Maintenance. And this portion in some pla­ces is a sum of money certain. In other places it is a part of the Tithes in kind, and commonly the smaller Tithes, but in some few places the Vicar hath part of the great Tithes also: and he that hath the right to, and possession of this, is called the Vicar; and he that hath the other part is called the Parson, who in some Parishes is the Minister of the place, one they call a Clergy man or Minister; and in other places he is a Lay-man, where it is an Impropriation.

The profits and fruits of a Parsonage or Vicarage, be­longing to the Parson or Vicar, are his Glebe Land, (if there be any) Oblations, Obventions, Offerings and Tithes.

The Glebe is that portion of Land, Meadow, or Pasture, that is belonging to, and parcel of the Parsonage or Vicar­age, over and above the Tithes.

Oblations, Obventions and Offerings seem to be but one thing, and that which was called meerly Spiritual. The Oblations were said to be such things real or personal as were offered to God and his Church by Testament or other­wise. And Obventions did include Oblations and other things now unknowne and lost amongst us. And of this nature it seems the Mortuary is. And the other profits are the Tithes.

TIthes are a certain part of the fruit or lawful increase of the earth, beasts, or mens labours, which in most What they are. places, and of most things is the tenth part, and hath been by the Law given to the Ministers of the Gospel, in re­compence of their labour in the execution of their Of­fice.

There are three sorts of Tithes. Some of them are Predi­al, Their kinds. that is, such as come in, and arise yearly of the fruit and profit of the earth; such as are wood, corn, grain, hay, the seed of Rape, Parsley, hops, saffion, woad, flax, hemp, darnel or cockle, fennel, annise, and the like. Such are the fruits of trees, as Apples, Pears, Plums, Nuts, Cherries, Wardens, Grapes, Mast, Acornes, and the like. Such also (as it seems,) are Herbs, as Rue, Sage, Mint, and the like.

Some of them are Personal, and they are such as arise and grow due by the profits that come by mans honest labour and industry in some personal work, Artifice or Negotiation, as by buying, selling, merchandizing; or by the labour of handicrafts men, such as are Carpenters, Masons, Fishers, Fowlers, Hunters and the like.

And some Tithes are said to be mixt, such are the profits of some things that arise partly from the labour and care of men; and partly from the earth where the things are fed, of this sort are Cattle, as their young Calves, Lambs, Kids, Roes, the wool of sheep, milk and cheese of Cowes; so the eggs and chickens of Hens, Geese, Ducks, and Swans, and the like.

Amongst Predial Tithes, some of them are said to be greater, as wood, corn, hay, and the like. And some of them are lesser, as the Tithe of Herbs, Flax, Hemp, and the like. And all these of the one sort and of the other, the dispute is under the names of Tithes of harvest fruits; of woods felled, and preserved to grow again; of wood not in use nor apt for Timber, but for fire; of trees planted for fen­cing of grounds, in fields, pastures, and hedgrowes; of Turves growing in fennish and moorish grounds; of pasture ground, of hay, of wool, of lambs, of calves, of pigs, of colts, of milk, of cheese, of fruits, of trees, of seeds, hemp, flax, onions, rape, of pot-herbs; of mast of Beech or Oak; of Mills dri­ven by wind or water; of Parks, Warrens, pools, ponds; of wild Beasts under custody, &c. of Dove-cotes or Dove-houses; of bees, of fowlings, of huntings, of fishings, of swans, of geese, of eggs, of Crafts and manual occupations, of Trade by wares, merchandize, &c. And about all these things especially are all the Questions and cases that follow con­cerning this Subject.

TIthes by our Law were accounted an Ecclesiastical In­heritance, and collateral to the state of the Land out of which they come, which of common right are to be paid out of all Lands, Meadowes and Pastures, and which of their proper nature originally were due only to Ecclesiastical per­sons by Ecclesiastical Law; and till they were severed, were esteemed meerly Ecclesiastical: for the substraction where­of, no remedy was given by the Common Law. Neither can any unity of possession extinguish or suspend them, but they remain still in esse, and might be demised or let to any spiritual person. And if a Parson impropriate had infeoffed another of part of his Glebe, or had made a Lease of it to him, yet he should have had Tithe thereof still, so that a man might have had Tithe against his own Feoffment, for they were not claimed in respect of any ownership in the Land, but ex debito, by the Law of God, So if a Parson purchase Land within his Rectory, and after lease the Par­sonage, the Lessee shall have Tithe of this new purchased Land. And a Lay-man by the Common Law, could not have had an Inheritance descendable and grantable of Tithes as of other Temporal possessions, neither will they passe by the same words in Grants as other Temporal possessions wil do. And therefore if one grant a ground cum proficuis, & comoditatibus eidem pertinentibus, the Tithes will not passe by this. But now the Law is changed herein, for they and other Ecclesiastical Duties, especially such as came to the Crown by the Statures of 27. H. 8. 31. H. 1. 1. Ed. 6. are by those Statutes, and the Statutes of 32. H. 8. and 1. & 2 Phil. & Mar. in the hands of Lay-men Temporal Inheri­tances, and are of the nature of other Land; it shall be ac­counted [Page 5] Assets in the hands of an Heir. The wise shall be endowed of it, the husband tenant by the courtesie for them: real actions may be brought, and they have all o­ther incidents of Lay-Inheritances. Cook 11. 14. Dyer 43. Cook 1. 3. Cook upon Litt. 5. 159.

TIthes by the Common Law are due of common right out of all things; and every man at this day Alien and Denizen, is bound to pay the same, that cannot shew a special exemption and freedome, by composition, cu­stome, prescription, or some Act of Parliament. So the Kings have paid no Tithes sometimes for their Lands in their own hands, So neither the Lord Protector not his Patentees are to pay Tithe for some of their ancient Forrests-Lands that lye in no Parish, or between two Parishes; this is not to pay Tithe. And so the Vicar in some places doth pay no Tithe to the Parson, so long as his Vicarage Land is occupied by himself. Cro. Jur. 60. Cook 2. 44. Broo. Dismes 10. And it is said, If a Bishop had held Land discharged of Tithe, and made Feoffmeur or Lease of it, that his Lessee or Feoffee shall not pay for it. Cook 2. 44.

And as to the persons to whom, and capable of receipt of Tithe, albeit by the Common Law anciently, no Lay­person was capable of them, save onely by way of dis­charge; as where a Parishioner had compounded with the Vicar or Parson for his owner Tithe: Yet at this day [Page 6] any man may have them as other Lay-Inheritances; and Lay-men (as they call them) as well as Clergy men, have them. And to make Clergy men capable of them, there were heretofore many things required, as Examination and Allowance by the Bishop, subscription to the Articles of Re­ligion, Institution and Induction into the Parsonage or Vi­carage, to which the Tithes belong. But in these things the Lawes are changed at this day. And therefore it seems such a person once capable of Tithes, cannot be made un­capable Pluralitie. afterwards, as heretofore, unless it be where he hath one Benefice of 81. a year, and he take another; for in this case it seems he shall lose the first. But for this, see the Statutes of 21. H. 8. 13. 28. H. 8. 13. Cook 4. 79. & 6. 20.

A Parson or Vicar may have Tithe out of his Parish, by Prescription a special Prescription. Or he may prescribe to have a sum of Money for Tithes within his Parish of any certain man there in lieu of Tithes. And another man also may have Title to a portion of Tithes by Prescription. Bro. 85. Cook 11. 19. Book of Entries. N. B. f. 9. Cook 2. 45. Cook 4. 49. And a man may have his own Tithe of the Parson by agreement betweene them, for the Parsons life, or how they please.

IN general the rule is, that Tithes must be paid of all things that are of profit, and that arise from year to year, e­specially of the things wherein the industry of man is help­ing, as in all things it is more or less helping. Cook 11-16.

Fitz. Nat. Brev. 53. 32. H. 8. 7. And so it is to be paid for, and out of all things within (not without) the Parish, that arise, grow, and happen from year to year by the Act of God alone, or by the Act of God and man together. But more particularly

All sorts of trees, but Timber trees are to pay Tithe (that Sect. 1. O [...] trees and woods. is) their tenth of increase, living or dead, used or sold by the owner, for the body, branches, bark, fruit, root, and branches that grow out of the root. And within this rule all fruit trees, as Apple-trees, Pear-trees, Nut-trees, Walnut-trees, and the like, are to yeild the tenth of their increase of fruit yearly; and if they be cut down, the tenth of the body whether sold or kept; and if they be pared, the tenth of their parings, whether sold or kept. So Tithe is to be paid of the fruit, body, bark and branches of all other trees not apt to Timber, as willowes, sallowes, though they be above twenty years growth, or of any age whatsoever, and were never cut before. So also Tithe is to bee paid of Silva caedua; that is, Under-woods and Coppices selled and preserved to grow again, and which by good husbandry may grow again. And of all these things the Parson is to have the tenth part, as the owner hath, and at the time when the Owner doth receive his nine parts.

But of the Underwoods of Coppices, parings of Fruit­trees, For wood cu for his own use. or other trees cut only for mounds, or for plow geer, for hedging and fencing of the corn fields or other grounds within the Parish, or for fuel for the maintenance of the plow or paile, no Tithe is to be paid for it, although the Vi­car have the Tithe wood, and the Parson the Tithe of the places inclosed. Nor is Tithe to be paid of Underwoods, which are digged up by the roots. Nor (as it seems) for the wood of Coppices or trees that a man doth cut or spend in his own house-keeping, though he spend much; by Hob­bard Chief Justice. But if the Parson can alledge a special custome for it, he may have Tithe for this also, M. 4. Jac. B. R.

But for Timber Trees, such as are Oak, Ash, and Elme, which are esteemed Timber after they are twenty years old Timber. [Page 8] in all Countries: and beech, horse-beech, hornbeam, ma­ple, aspe, and hasel, any of which may be, and are esteemed Timber in some Countries, as the usage of the Countrey, or the plenty or scarcity of other. Timber there is; for these, either living or dead, for their bodies, branches, bark, roots, or germines that grow out of them no Tithe is to be paid at all, in any case; but Tithe is to be paid for all this Timber wood, if it be cut within twenty years after the first planting of it.

For the opening whereof (in relation to wood and trees) further, these things are to be known.

1. If the Parson have Tithe of the fruit of a tree, and the same year the owner doth fell the tree, and make it into billets or fagots; in this case the Parson shall not have tithe for the tree, for it is a rule, that he must not have tithe of one thing twice in one year.

2 Beech in a Country where there is abundance of it, is not to be accounted Timber, nor to be tithe-free. 16. Jac. Co. B. Pinders Case.

3. Cherry Trees in Buckingham shire have been adjudg­ed timber and tithe-free. Pasch. 17. Jac. B. R.

4. If a man lop a tree under twenty years growth, and after suffer the body to grow past twenty years growth, and then lop it again; in this case no Tithe shall be paid for it, though it were not tithe-free at the first cutting. Co. B. by the whole Court. Brown. 1. part. 33.

5 If wood be cut to make hedges, which is not Tithable, and there be a little remaining or left of it, no Tithe shall be paid for this remnant.

6 If wood be cut down and imployed for Hop-poles, where the Parson or Vicar hath Tithe Hops; in this case he shall not have Tithe of the Hop-poles.

7. If a great Wood doth consist for the most part of Un­derwood, which is titheable, and some great trees of Beeches or other wood grow scattering amongst them; in this case Tithe may be paid, and must be, unlesse the usage be other wise of all both great and smal together. And so if a Wood do consist for the most part of timber trees, and there is [Page 9] some small parcel of Underwood or bushes growing in the same Wood, no Tithe shall be paid for this underwood or bushes. Trin. 19. Jac. B. R. Adjudg. 16 Jac. in C. B. Leonards Case.

8 No tithe is to be paid of Common of Estovers, the wood that he burns in his house.

See for all these matters, within this point of trees and wood, Cook Rep. 11. 48, 49. 81. Plow. 470. Brownlows Rep. 1 Part 94. 2 Part 150. D & St. 169 Where and how this is to be paid and delivered, see more in Chap. 5. Sect. 1.

No Tithes are to be paid of Mines or Quarries, of iron, brass, tin, lead, coals, stone, tile, brick, lime, gravel, Sect. 2. Of Mines and Quarries. marle, chalk, and the like, which a man doth find and make in his own Land, for they are parcel of the inheri­tance, and the Parson or Vicar hath tithe of the grasse and corn upon the ground; and it is a rule, the Land must not pay a double Tithe; and besides it is not a yearly profit. Register 51. Fitz. Nat. Brev. 53. 9 Broo. Dismes 18.

No Tithes regularly are to be paid for houses of habitati­on, Of Houses. nor of any rent, reserved upon any demise of them, for tithes are to be paid of things that renew yearly by the Act of God. But by a special custome, or by an Act of Parlia­ment, as in London, where the Parsons have 2 s. 9 d. out of every pound rent in lieu of Tithe, there it is good enough, Cook 11. 16. Fitz. Nat. Brov. 53. 37 Hen. 8. Ch. 12.

If any barren heath, or waste ground, that is barren Of barren heath and wast ground. in his own Nature, and that cannot be fitted for hushandry without an extraordinary charge, although it may pay tithe of wool, or Lamb, or other things, or the tithe that it formerly paid, yet it shall pay no tithe of corn for seven yeers after they have by their Husbandry improved it, and made it fit for tillage. But if a wood be grubbed up, and made fit to plough, this must pay tithe presently. So if it be­come barren by a sudden accident of inundation, or the like, or by being overgrowne with bushes or the like, and it be re­duced, this must pay Tithe presently. M. 11. Jac. C. B. Shar­ringtons Case, Dyer 170. 2 Ed. 6. Ch. 13.

Tithes are to be paid for all new Corn-mills, be they Of Mils. wind or water Mils; and for Fulling, Paper, or Apple-mils that are common and publick mils; and whether they be dri­ven by wind or water, some tithe or other is to be paid for them. But for an old corn mill, that no tithe was ever paid for, no Tithe is to be paid, exept personal tithe, as for a trade of profit, and so it will be for the other Mils. But see how it is to be paid Chap. 5. Sect. 1.

Tithes are to be paid of turves that grow in sennish and: Of Turves. moorish grounds, when they are used for firing.

Tithes shall be paid of heath, furrs and broom, unless the Of heath, furs, and broom. own [...]r can prescribe, or make good a special custome of pay­ment of milk and calves, &c. of the cattel kept upon the ground, M. 29 El. B. R Adjudge.

Tithe is to be paid of the grasse growing on the ground Sect. 3. Of grass, cut or eaten. whether it be cut for hay, or eat by cattle, to be set out accor­ding to the custome of the place. And as to this kind of Tithe these things are to be known.

1 A rate Tithe is to be paid according to the custome of the place for the feeding of Sheep and all other cattel, (save only Oxen that labour, and the young cattel that are bred for Oxen or Cowes) as for horses and Cattel that are fatted; for tithe must be paid for these, for the pasture and profit of the cattel, whether they go on the Common or elsewhere.

2 If two Parishes together have Common because of Rate Tythe. vicinage, and the cattel of the one side do stray to the other side, and there a bide; in this case no tithe shall be paid for this to the Parson of the Parish where the Cattel do stray, but to the Parson of the other parish. So if sheep stray out of one into another Parish, and there cane, no tithe is to be paid for this to the Parson of that place; but if they go there by the space of one Month or more, for this a rate Tithe must be paid to that place where they are for a month together. And so in all cases where sheep go a while in one, and another while in another parish. Trin. 7. Jac. B. R. Bro [...]. Dism [...]. 16.

3 If sheep after they be shorn dye before Easter next [Page 11] following, it is said no Tithe shall be paid for their wooll, unlesse the Parson or Vicar that claimes it, can alledge a special prescription for it. So no Tithes are to be paid of the pelts or fells of sheep wich dye of the rot without a spe­cial prescription for it. Trin. 3. Car. B. R. Ashton's Case.

4 Tithe must be paid for all the grounds within the pa­rish; Grounds let. and therefore if the grounds within the parish be let, or the herbage there be sold to a stranger out of the parish, the Tithe must be paid to the Parson, and that by the Ow­ner of the Cattle, unlesse the course there bee other­wise.

5 It seems Tithe is to be paid for the Agistment, that is, tracking in of cattel of strangers in the parish: And that Agistment or rack of cattel. to be paid by the owner of the Land that took them in, and not by the owner of the cattel; for the Parson may not know the owner of the cattel, 17 Jac. B. R. But if there be any custome against it, this may prevent it, and make it payable by the stranger.

6 No tithe is to be paid for the herbage or feeding of Horses. riding horses, that the Parishoner doth use for his own ri­ding. And if a man let out his pasture Lands, reserving the pasture for one horse to ride about his own affairs, or for husbandary, no tithe shall be paid for the pasture for this horse. But if a man keep or breed a horse or horses in his pasture to sell them, there a tithe shall be paid for the horses pasture. H. 15. Jac. B. R. Hides Case.

7 No tithe is to be paid for the grasse eaten by the Plough cattel. working Oxen or Horses about Husbandry, that are used in the parish about Husbandry. But if the Parishioner use them to other purposes within the parish, or for husbandry with­out the parish, it may be otherwise. M. 8. Jac. Ct. B. in Baxters Case.

8 No tithe shall be paid for the feeding of cowes that Sect. 4. Cowes and barren cattel. give milk, nor for barren and dry cattel that are bred for the plough or paile, whether they feed in the inclosed or in the common grounds of the parish. But if a man keep cattel until they are ready for the pail or the plough, and then fel [Page 12] them, and make profit of them, in this case he is to pay tithe for them; for if the owner feed his ground with cattel that bring no profit to the Parson, he must pay tithes for them. M. 8. Jac. Co. B. Baxters Case. Trin. 9. Jac. B. R. The whole Court.

9 If a stranger feed a ground within the parish with his S [...]rangers rent­ing within the Parish. cattel that do bring no profit to that Parson or Vicar, he is to pay Tithe for it And therefore it seemes reasonable, that though it he his own ground that is the stranger, and he feed them with his owne cattel that do work in another parish, that he should pay as stranger that doth rent a ground within the parish.

10. No Tithe is to be paid of the Eamouth or after Eamouth or af­ter pasture. after the grass is mowed and Tithe hath been paid of it, unless by covin there hath been more grasse left then is usual. Nor is there any Tithe to be paid for the herbage of the cattel that eat up the same grass, unless there be some Fraud in the case. Pasch. 17. Jac. Co. B. Adjudg. M. 6. Jac. Co. B. Smiths Case.

11 No tithe is to be paid for the grass or herbage of the studs, or meers of ground at the Lands end, and adjoin­ing to the errable Land, where the Land it selfe doth pay Tithe. And so if Lands lye fallow every second or third year, the Owner shall pay no tithe for the pasture of this Land, nor for feeding upon the stubble, albeit it bee fed with barren Cattel. Pasch. 7. Jac. Co. B. Adjung. And yet if he keep it lay beyond the course of Husbandry, in this case he is to pay Tithe again.

12 No tithe is to be paid for the herbage of the ground whereon corn hath been sowen that hath paid tithe, no more then for the rakings of the stubble, Pasch. 7. Jac. Co. B. Rankings of stubble. Adjudg.

13 If a man bring in a slock of Sheep to dung the Land, and they come by night only and lye there, no tithe is to be paid for this; but if they feed there half their time, they wil be tytheable.

For the time when and how these Tythes are to be paid and done, see in Chap. 5. Sect. 1.

Tythes also are to be paid of all such things as come Sect. 5. in yearly by the blessing of God, and the industry of the par­ty together. And therefore Tythes must be paid of all kind of corn sowne upon the ground; as wheat, rye, Of corn sown barly, beans, pease, and the like, to be set out after the custome of the place. So also Tythe must be paid of plants, herbs, and seeds of Woad, Saffron, Flax, Hemp, and the like.

And as to this, these things are to be known.

1 No Tithe is to be paid for the after rakings, or stub­ble of corn, when Tythe hath been paid for the corn it self, unless it be where there hath been fraud in cutting it over­long.

2 No Tythe is to be paid for the course corn, as Vetches, Tares and the like, which is eaten up by the cattel that do the Husbandry there, whether it be eaten green or ripe, or eaten upon the ground where it groweth or elsewhere, un­lesse the Parson have a special custom for it.

3 If Corne be sowed where Woad was sowen, or where other things grew, the Tythe shall be paid of this, Change of grain. and in its own kind also. So if Woad or other things bee sowed where Corne had been sowed; the Owner of the Soile must pay his Tythe, and pay it in kind of that which groweth there, as he doth in the change of wheat, beans, barly, &c.

4 If the Soile of an Orchard be sowen with any kind of grain, the Parson will have Tythe of it; although hee have Tythe of the fruit of the trees, for they are of several kinds.

Tythes also must be paid of the calves of Kine, Lambs of Sheep, young Pigs of Sowes, Colts of Mares, Kids of Sect. 6. Of cattel and fowle. Goats, &c. Also of the cheese and milk of Cowes, Sheep, and Goats, and of the wool of Sheep; and of the eggs and young of Hens, Geese, Ducks, &c. and of the honey and wax of Bees, and for dry cattel, and fat beasts sold and killed, and according to the course of the place.

But for the further opening hereof these things are to bee knowne.

1. If the Parishioner have but nine pigs, or six calves, the Parson can have no Tythe in kind that year, without a special custome to warrant it, as in many places there is; for these things are intire, and not divideable as wool is. And therefore the Parson must have his Tythe prorata, ei­ther in money the same year, if there be any custome for it, or in kind the next year, and so reckon both the yeers toge­ther. M 7. Jac. Co. B. And if a Parishioner have but one Cow, or milk his Cow every second day; so that he can make no cheese, in this case the custome of the place is to be observed, so that something be paid; otherwise no custom in this case will bind: so for calves, colts, and kids, when they are under the number of Tythe in kind; and if there be no custome in it, the Parson must have the tenth when­ever it comes.

2. It hath been said that no tythe is to be paid for dry Dry cattel. cattel bred for the plough or paile, unlesse they be sold a­way before they be put to that use; for tythe must be paid for such cattel, and for fatting cattel sold or killed after the custome of the place. M. 17. Jac. B. R. curia, M. 2 Jac. B. R. W [...]bs Case. And though at first they were bred for the plough or pail, yet after fatted and kild, or sold, Tythe must be paid for them. M. 8. Caroli, by three Ju­stices.

3 Tythe must be paid of the locks and flocks of wool, af­ter Locks of wool. the wool made up, if they be more then ordinary, and left deceitfully, otherwise not.

4 Where sheep be removed from one Parish to another, Rate Tithe for wool of sheep, and of young cattel. each Parson must have prorata, but under three dayes no rate is to be paid; as for example, If forty sheep yeild eigh­ty pound of wooll, and these have been fed and lyen all the year in one place; in this case the Parson of that place must have all the Tythe; if the sheep were there but half the year, then he is to have but forty pound of the wool; if three months only, then but twenty pound of the wool, and so ratably for four or five months more or lesse. And the [Page 15] Parson in whose Parish the sheep lay and fed but one month he shall have only the Tithe of the twelfth part of the wool: and if the sheep feed all the yeer in one parish, and lye in another parish, the Tythe shall be divided betwixt the Par­sons. And if sheep come from one place, and be shorne in a place where they were not before, it seemes the Tythe must be paid where the sheering is, unlesse it appear to bee paid to the Parson of the place from whence they came. And so of the young of cattel, lambs, calves, pigs, colts and the like, where the dam was removed from one place to a­nother, a rate Tythe must be paid to the Parson according to the times of their abode in the several places from the times of their engendring by the month rate. Broo. Dismes 16.

5 If any have cattel tytheable feeding in any wast place, not commonly knowne to be in any Parish, yet the Tythe thereof is to be paid, and to be paid to the Parson of the place where the owner of the cattel doth dwel.

6 When the Tenth part of the milk is paid, there must be no Tythe paid of the cheese which is made of the other nine parts of the milk. And so where Tythe is paid for the cheese, no Tithe is paid for the milk.

But see more of this, and when, and how this is to bee paid and delivered in Chap. 5. Sect. 2.

Some Tythe is to be paid of Parks, Warrens, Pools, Ponds and Dove-houses, and for Conveys, Pigeons, and Fish. Sect. 7. Of Parks, war­rens, pools and Dove-houses. And some would have Conveys in a Coniger, fish in a pond, or several fishing in the nature of Predial Tythes; and that the tenth of the profit is to be allowed.

But for the opening of this, take these things,

1 That where the things bring in a certain profit, and without much charge, as coneys, fish and pigeons, there is great reason the Parson or Vicar should have the full Tythe Coneys, Fish, Pigeons. of them; and in these cases a division may be easily made.

2 The Pigeons are a sensible loss to the Parson in the de­struction of Corn, and good reason then the Parson should have some profit by them.

3 In some cases, as where Gentlemen have turned their fields [Page 16] into Conigers, and laid down their tillage, the loss of the Parson hath been notorious, and the case grievious hurtful to the Parson and Commonwealth, profitable to none but the Owner of the Land; these cases deserve no favour.

4 We conceive the Parson will have no remedy in this case by Law; and that in all these cases there is nothing to be had but what the custome or usage yeilds; for Deer and Coneys being wild, are not reckoned a mans own till they Ferae Naturae. are catched. And a man is to pay Tythe of nothing where, of he hath not a property, except only the personal Tythe which is a small matter. When Pheasants Partriges, Swans and such like wild things of profit become tame, it seemes Matters of pleasure. they must pay Tythe, but not otherwise. And for such things of pleasure as are of no profit, as Hawks, Hounds, Apes, Thrushes, Poppingjayes and the like, no Tythe shall be paid of these.

Some Tythe hath been by usage paid in the nature of Personal tythe. Trades and la­bours. personal Tythe for mens Trades and labours. So Fishers, Fowlers, Hawkers, and the like, not such as fish, hunt, and fowle for pleasure, but such as make a Trade of, and get by Fishing, Hunting, and Fowling, have paid. So Carpenters, Masons, and all handicrafts men have paid; so Merchants, Mercers, Drapers, and all Tradesmen; so men-servants and maid servants have paid some small matter in the nature of an offering, as the tenth of their clear gain once a year to the Parson: and this to be paid still according to the custome of the place.

And for any other things, or for things tytheable out of any Land, which by the Lawes, by any Priviledg, Prescription or composition ought to be discharged, no Tythe is to be paid.

See more of this, and how these Tythes shal be paid, chap. 5. Sect. 3.

FOR answer to this Question in the general, the Law saith, That all Tythes and Church duties are to be yeil­ded 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 ef­fectual; 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 Par­son; 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 cu­stome of the place must be followed, but the Parson shall [Page 18] 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 Cop­pice, or the tenth coard (if the coards be equal) is a good Of trees and wood. 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 Of Houses in London. 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 pen­ny of the rent, but the tenth measure of the corn, or the Sect. 1. of Mils. tenth tole dish, if there be no custome in it. But the Mil­lard for his Fulling-mil, Rape-mil, Paper-mil, Iron, Pow­der, 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 Of grass, cut or eaten. swathes, windrowes, or cocks, as the custome of the place is.

The Tythe fruit of Apple-trees, Pear-trees, & the like trees Fruits of trees as Apples, &c. are to be set out and delivered when they are newly gather­ed, and if then the Owner do not give the Parson notice and set them out, and they be by his meanes lost or impaired, [Page 19] the Owner is chargeable to the Parson in treble da­mages.

The common course of setting out and delivering corne Of corn sown 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, Of seeds and herbs. 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 with­out Sect. 1. Of calves and lambs. the Dam, and unlesse there be any custom herein against the Parson, at this time all these young things are to be de­livered. 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 Of milk and cheese, thereof, and so long, and so soon as either of them is ta­ken 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 Bees. be paid for Bees.

The Tythe of chicken and eggs, of all kind of tame birds Of hens, ducks wild and tame. or fowle, as Swans, Hens, Ducks, Geese, they are to be delivered and paid, or that which is paid for them, accor­ding to the custome of the place. But for wild Swans, Geese [Page 20] 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 Sect. 3. Personal Tythes. 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 pen­ny 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 be­fore the same be severed from the nine parts and tythed. And if the Owner will not cut his corn till it be spoiled, the Par­son is remediless. 12 Ed. 4. D. & St. 169.

FOR answer to the first part of this Question, take these things. Sect. 1.

1. That generally he that receiveth the nine parts, is to pay the tenth part to the Parson. And yet if a main that is Ow­ner of a Coppice, or other such like thing, and he cut it and sell it all; in this case the Seller must answer the Parson for his Tythe, and not the buyer. And therefore if A cut the grass of his ground, and put it all (not setting out Tithe) in a Rick in the ground, and three months after he sell it a­way to B, in this case B cannot be sued for this tithe. Hill. 16 Jac. by chief Justice, in Ashfields Case. And if one sell underwoods standing, the Buyer, not the seller must an­swer the tythe. But the tythe due for fellets before the sale, the seller must answer for this.

2. If a Parishioner dye before he pay his tythe, his Ex­cutor, if he have Assets, must pay it. Executor.

3. If a Parishoner let or sell his ground or herbage, it is said the Parson may sue the Owner of the ground, or the Ow­ner of the cattel, at his choise, which is reasonable, if the u­sage be not against it.

4. If cattle be pawned or pledged, the Gagee must pay tythe for them. But if I deliver my goods to H. to be rede­livered to me, I must pay tythe for them.

And for answer to the second part of this Question, these things are to be known.

1. The Tythes must paid to him that hath right to [Page 22] them, be he Lay-man, as an Impropriator, or a Clergy­man (as we have called them, and be he Parson or Vicar of the place.

2 The rule generally is this, That the tythe must be paid to the Parson or Vicar of the Parish wherein it ariseth, and not to the Parson or Vicar of another Parish.

3 The tythe hapning in the time of the vacation, the suc­ceeding Parson is to have it; but they that gather it in may keep up so much thereof, as to pay them their charge in the collection thereof, and to Ministers that did serve the Cure there. And if one be put into a place, and then he is removed, and another is put in, the first of these shall have the Tythes that hapned in the vacation time. Hil. 18. Jac. Woods Case.

4. If any man have cattel tytheable feeding in any waste, or place which is not certainly known to be in any Parish, the tythe thereof shall be paid to the Parson of the place where the Owner of the cattel doth dwell.

5 If a man living in the Parish of A, being a common Fish­er, Fowler, or Hunter, and fish, fowle, or hunt in the grounds of H. in B, and take fish there, if this were free and without reward in H. then it is a personal Tythe that must be paid to the Parson of A. But if H. had mo­ney or reward for this, then it is said H. must pay the Par­son of B, as for a predial Tythe.

6. Personal Tithes are alwayes to be paid to the Parson or Vicar of that place where the person that is to pay the tythes doth dwel.

FOR answer to this, we are to know, that by the ancient Law of the Nation, Tythes were not recoverable by any man in any place but in the Spiritual Court, and there by no person but such as they called Spiritual persons, or Clergy men, and this Ecclesiastical Court is gone. But they are now recoverable by all sorts of men alike, and in these waies, First for Predial Tithes, such as are the Tythe of wood, grass, fruit, hay, and the like divideable things; if these be not duly and truly divided and set forth, as before is shewed they ought to be, the Parson or Vicar may sue for them in a­ny of the Courts by an Action of Debt, wherein he shall re­cover treble damages upon the Statute of Ed. 6.

But for lesser Tithes of Wool and Lamb, and the like, no Action will lye upon this Statute, nor for money given to the Parson in lieu of them. But for the one and the o­ther, the party grieved may at this day sue in the Chancery, or in the Exchequer, or before two Justices of the Peace, who in most cases for all Tythe, Offerings, Oblations, Obventions, rates for Tythes, and all Arears thereof, are to give relief. Stat. 27. H. 8. 20. 2 Ed. 6. 13. 32 H. 8. 7. Cook upon Litt. 159:

And if the Tythe be once served and set forth, and they be after taken away by the owner of the Land or a stranger; in this case the Parson may have an Action of Trespasse a­gainst him. Broo. Dismes 6. Brownl. 2 Part 30.

SPiritual persons were some of them formerly discharged of Tythe by their Order, but there are no such dischar­ges Sect. 2. now; but a discharge of tythes may be at this day by the custome of a Country, or by a Prescription, or by a Composition, which at first was made by and between the Parson, Patron, and Ordinary, and another, or by an alte­ration of the place out of which the tythe doth come, or by an Act of Parliament, and by a unity of possession, Cook 1 Part 33. 2 & 3 Ed. 6. 13. 32 H. 8. 7. Cook 44. Or by priviledg, as certain Religious Orders, Templers, and o­thers, of which there are none with us. And therefore no such discharge can be amongst us at this day. Brownlow's 2 Part 33. Or they may be suspended for a certain time, and revived again. Of all which see examples in the cases that follow.

A man may be discharged of payment of Tythe by a cu­stom or prescription. Wherein these things are to be known.

1 Custom and Prescription do differ but little; custom By custome or prescription. And what is good or not. goes to a place or Country, and prescription to a person.

2 A custom applyed to a Country to pay no tythe in some cases, as the custom for the Wild, being forty Parishes in Sussex, to pay no tythe, is good. But generally such a custome is not good, and a Prescription to pay no tythe, nor any thing in lieu of it, is not good, nor wil it discharge, though nothing can be proved to be paid within the time of memo­ry. D. & St. 171. 167. Broo. Prescrip. 92. Cook 2. 44. And [Page 25] yet one may shew a discharge of his Land another way which wil amount to the payment of no Tythe, nor nothing for it.

3 But any man may prescribe de modo decimandi; i. e. to pay money or other thing in lieu of the Tythe in kind for a Manor, Farm, or piece of Land; and if he can prove this time out of mind, this will discharge him. Cook 1. 44. 45. And therefore a Prescription to pay 4 d, or any other sum of money for all his Tythe whatsoever, or all his tythe hay, or all his tythe corn in such a Farm or such a Close, is good. If one prescribe that he is to put the corn of the ground in hillocks or cocks, &c. and that for this the Parson is to have no tythe corn every second year, or is to have no Tythe in some part of the ground; this is good. So if he pre­scribe to pay the tenth fleece of wool, and for this to be dis­charged of the tythe of the locks; this is a good Prescripti­on. 36, 37. Eliz. Co. B. Jesops Case. But if one prescribe, that because he doth pay tythe hay, he is to pay no tythe corn; or because he payeth tythe corn, he is to pay no tythe of his cattel; this is not good. Smiths Case Hill. 8. Jac. B. R. So if one prescribe to be discharged of Tythes in one place, because he payeth Tythes in another place; or to be discharged of Tythes of Lambs, because he payeth tithe of wool; or to be discharged of tithes of other cattel, because he payeth 12 d for a Cow; these are not good Prescripti­ons. Fleetwoods Case, 7 Jac. Co. B: If a custom be alled­ged, That the Parson shal have but the tenth sheaf of wheat for the tithe of all manner of corn and grain; this is not a good custome. Mich. 11. Jac. Co. B. Jacks Case. 38 Eliz. Co. B. Adjudg. So a custome was alledged, That the Ow­ners of a Farm had been used time out of mind to take back 30 sheass of their Tythe corn again after it was set out, to their own use. This was disallowed.

4 A Prescription to pay a shoulder of a Buck or Doe, when they are killed, in lieu of all the Tythe of a Park, is good, and will discharge the Park. 3. 7 & 37 Eliz. Shipdams Case. And although after the Park be discharged, and con­verted into tillage or hop ground, yet it is held that the Par­son [Page 26] shall not have Tythes in kind, but the discharge shall continue. M. 5. Jac. Co. B. Adjudg. M. 11. Jac. Co. B. Cow­pers Case.

5 A Prescription to pay a less part then the tenth part, Sect. 2. may be good and binding.

6 A Prescription that if one have less then seven Lambs, he shal pay but 1 d a piece sor them, is good. Curia. 7. Jac. B. R. Patches Case.

7 A Prescription to be discharged of Tithes for every house in London. in lieu of 12 d of the rent made of the house, is good. Cook 11. 16. And so for any other thing that may be conceived to have a reasonable Commencement, the Law will admit it.

8 One may prescribe, That he, and all those whose e­states he hath in the Manor of Dale in Dale, time out of mind, have paid to the Parson of Dale for the time being a certain Persion yearly for the maintenance of Divine Service there, in satisfaction of all the Tithes arising and growing within the Manor of Dale; and prescribes further, That he and all those whose Estates he hath in the said Manor, time out of mind, have been used in regard of the said pension so paid to the Parson, to have all the Tythes happening and arising with­in the said Manor or any part of it; viz. of all the Lands held of the said Manor or any parcel of it; this is a good Prescription, and may have a reasonable beginning thus, That the Lord was seized of all the Manor before the Te­nancies derived out of it, and by some good Composition or Grant between him, the Parson, Patron, and Ordinary, it was granted to him in lieu of this money, which must be in­tended because time out of mind it hath been so paid. Cook 7 45. But without some special matter alledged, a Lord cannot prescribe after this manner in him and all those, &c. gene­rally.

9 Also a Parishioner may be discharged of Tythe by an agreement with the Parson; if he be a Spiritual Person, he may discharge it for his life; if he be an Impropriator, he may discharge it for all the time he hath the Parsonage. But a spi­ritual Person cannot by his agreement bind his successors. [Page 27] And payment of a sum of money in lieu and recompence of tythes for sixty yeers, or thereabouts, is held a reasonable time to make a Prescription. Cook upon Litt. 14. Crompt. Jur. 77 Dyer 7. 9.

Tythe may be discharged by the alteration of the place or Sect. 3, By an alterati­on of the place or thing out of which the tithe doth come, or by other alte­ration. Whether gone or not. thing out of which the tythe is to come. For the opening of which take these things.

1 If one prescribe to be discharged of payment of tythe hay for such a ground, or the tythe corn of such a ground, and the owner change the nature of the ground, the pasture into tillage, or tillage into pasture; in these cases the Pre­scription is gone. Hill. 7. Jac. B. R. Shipton's Case, adjudg. But if the Prescription be general, 4 d for all manner of tithe arising in such a ground, there the alteration will not hurt the prescription. So it is if one prescribe to pay the shoulder of every Buck and Deer of his Park for all manner of Tithe of the Park, and the whole Park be after disparked and sowne to corn, it is said the Prescription is gone, and that Tythes must now be paid in kind; but if any part of it remain a Park, and the rest only be sowed, it is otherwise. 36 37 Eliz. Shipdams Park in Norfolk. So it is said, if all the Parks be suffered to fall down, which is a disparking in Law of the Park, yet the same doth not destroy the manner of tithing, for the same may be a Park again: But some doubt of this. And a difference hath been taken, where a Prescription runs to so many Acres of Land certain, for in that case the modus continueth: and where to the Park in the name of a Park, in which case it is gone if it be disparked. Pasch. 19. Jac. Co. B. Pools Case. and in Brownl. Rep. 1 Part Pasch. 10. Jac. Co. B. 35. It is doubted whether the Tythes be not gone in both cases; and held, That if a man can pre­scribe for so many bucks, that this Park is discharged, and if it be disparked, that the prescription is not gone.

2 And if two Fulling mils be under one roof, and a rate Tythe be paid for the mils (which is a kind of prescrip­tion) and after the mils are altered, and made into one corn-mill, in this case the prescription is gone, and tythe [Page 28] shall now be paid in kind. So if there be but one pair of stones in the mill, and after there is another pair of stones put in the mill; now tythe must be paid in kind, and the man­ner of tithing is gone. Brownl. Rep. 1. Part. Pasch. 10. Jac. 31.

3 If I have the Tythe of the hay of a close, or all manner of tythe there, and the owner of the ground turn it from Meadow to tillage, or to hops, or the like, or turne it from tillage to pasture, the tithe is not gone, but shall bee paid in kind as it falleth. So if one turne wood ground into meadow or tillage, the owner shall pay Tythe in kind, and tythe is not lost hereby; only if it fall out to be within the case of barren heath, he shall pay for seven years no more then was paid formerly for it. See it before. Pasch. 18. Jac. B. R. Court in Baxters Case.

4 If one be to pay a sum of money for the Tythe of a piece of ground, and the ground be after turned to houses and gardens; in this case the manner of tithing doth con­tinue. Cook 11. 16.

5 If one turn his pasture into a Coniger, and make co­ney-borrowes in it, the Tythe will not be gone. But I con­ceive, it doth continue as it did for the manner of Tithing as before, and no new manner of Tithing. See before Tithe of Coneys. M. 13. Car. B. R.

6 If the Vicar keep the Glebe in his own hands, it is said, That so long he is to pay no Tythe to the Parson impropri­ate. But if he lease it to another, then the Lessee must pay tithe to him, and if he sow the Land, that he must pay tithe as other men. Brownl. Rep. 69.

7 If a Parson impropriate keep his Glebe in his owne Suspension. hands, he cannot pay tithe to himself. But if he sell or let it to another, he shall pay lithe as other men. And if a Parson purchase Land within his Rectory, no Tythe is to be payed for this whiles it is in his own hands. But if he af­ter leasethe Parsonage; his Lessee shall have tythe of this new purchased Land. And if he make a Feoffment or Lease of the purchased Land, his Feoffee or Lessee must pay tithe again. Cook upon Litt. 139. 11, 14. Broo. Dismes 17. Dyer 43

And if one purchase a Parsonage and a Manor in the pa­rish discharged of Tythes, and then lease part of the demeshes of the Manor; it is said the Lessor shall have tythe of this part. Breo. Dismes 17. Sed quare of this.

8 If Land lye in a Forest in any parish, and is tythe free, and the Forrest be dis­forrested, now it shall pay Tythe in kind. Crompt. Jur. 52. Lord Ch. Baron at Sarum Assizes.

The alteration of payment (as if in stead of the mony to be paid, another sum, or Tythes in kind have been paid for twenty years past) will not destroy the Prescription. Cook upon Lit. 14. Dyer 7.

Lands may be discharged from paiment of tythes by a uni­ty Sect. 4. By Act of Par­liament and u­nity of posses­sion together. Whether gone or not. of possession of the Parsonage, and Lands which did pay Tithes, by an Appropriation or otherwise, in the hands of Religious and Ecclesiastical persons, (as they were called.) So that now at this day by the Statute of 31. H. 8. 13. Such a unity in the said Religious houses and persons will be a discharge to all Patentees from the payment of Tythes of Lands, that came to the Crown by the same Statute. But then this unity in the said Religious persons must have been Justa, obtained by Right; for if either the Parsonage, Vicarage, Tythes or Lands had come or been united to their houses by disseisins, or other tortious and unlawful Acts, this had not been a good discharge within the Statute. 2 It must have been aequalis, there must have been a Fee-simple both in the Lands out of which the Tithes were to be paid, and in the Parsonage or Vicarage in them; for if the Abbots, Pryors, or other Religious persons had held but by Lease, that had not been such a unity as the Statute intended: 3 It must have been libera, free from the payment of any Tythes, for if their Farmers or Tenants, at Wil or years, had paid tythes, that had not been a sufficient unity to have discharged the Land. 4 And lastly, It must have been perpetua, time out of mind. And then for the infinite impossibility, and impossible infinitenesse that such Immunities and discharges, that such religious persons and houses had before time of me­mory [Page 30] could not be knowne; such a unity had been a good discharge of the Lands in their own hands. And if the Mo­nastery were built in the time of memory, or appropriated within the time of memory, and tythe were paid before this, it will not serve turn to discharge it. And at this day such an unity is a good discharge for the Kings Patentees, with the Statute of 31. H. 8. But such Lands as came to theCrowne by the Statute of 27 H. 8. of Dissolution, must at this day pay Tythes, although the Lands in the hands of such Religious persons or houses were discharged from the payment of Tythes; for the priviledges being personal pri­viledges, were extinguised by the Statute of Dissolution, and there are no words in that Statute to save them. Sta. 31 H. 8. 13. 7. H. 4. 6. 32. H. 8. 7. Cook 11. 14. 2. 42. Dyer 278 349. 277.

THere are some other smal profits which Parsons and Vi­cars claime as belonging to their Parsonages and Vica­rages beside Tythe and money in lieu of Tythe, as Mortua­ries, Oblations, Obventions, &c. And as to Mortuaries Mortuaries. these things are to be knowne. 1 That no Mortuary is to be paid, but where it hath been used to be paid. 2. There shall be but one Mortuary paid, and no more, 3. No person that doth keep house must pay them. 4 No woman that hath a husband shal pay them. 5 No children must pay them. 6 Where they are to be paid, they must be paid af­ter this proportion; viz. he that dyeth having goods under Ten Marks shall pay nothing; for Goods above that va­lue, and under Thirty pound, but three shillings foure pence; for Goods above Thirty pound, and under For­ty [Page 31] pound, six shillings eight pence; for goods above For­ty pound, how much ever it bee, but Ten shillings. 7 All this account must be made only out of the Goods remaining after debts paid. 8. The Parson of the place where the party dwells, no of the place where he dyeth, must have it. Stat. 21. Hen. 8. 6. 26. Hen. 8. 15.

There is no more to be said for Obventions, Obla­tions, Oblations, Obventions, and Ofterings and Offerings, which seem to be all one, but that they by the Law now in force are to bee paid as formerly they have been: Stat. 32. H. 8. 7. 27 H. 8, 20. 2 & 3 Ed. 6. 13. Cook 11. 16.