All the Statutes, Adjudged Cafes, Refolutions and UNDER THE FOLLOWING HEADS: VI 624 II. Out of what things Tithes fhall be paid; what Lands are fubject to Tithes, and the III. Of Exemptions from Payment of Tithes; and of Modus, Cuftom, and Prescription; V. Of fetting out, and Taking and Carrying away Tithes. VI. Of the Remedies for recovering Tithes, and the feveral acts of Parliament made for VII. Of Suits in the Court of Exchequer concerning Tithes, and the Proceedings in such VIII. Of Prohibitions in Suits for Tithes. IX, Of Leafes of tithes, for lives or years, by ecclefiaftical perfons. X. Of the Manner of paying Tithes, and the fums payable by the respective parishes XI. Cafes concerning Tithes, determined in the Court of King's Bench, by the Earl of The SECOND EDITION, Corrected and enlarged, By a GENTLEMAN of the MIDDLE TEMPLE. LONDON: Printed by His Majefty's Law-Printers ; For W. GRIFFIN, in Catherine Street, three Doors from the Strand. . Advertisement concerning the Second Edition. N this Edition, the feveral heads of the firft, efpecially the Seventh, concerning the payment of tithes in Lon, don, are much enlarged; and four Chapters, not in the former, are inferted, together with an Alphabetical table or Index: Which improvements and additions have increased the Size of this to almoft double the number of Sheets in the first edition. 1. L A W S CONCERNING TITHE S. CHAP. I. Definition of Tithes, Parfonage, Vicarage, Impropriation, and Appropriation; and of the Origin, Nature and Several Kinds of Tithes. T 1THES are the tenth part of the increase yearly arifing from the profits of lands, stocks upon lands, and the industry of the parishioners, payable for the maintenance of a parish priest, by every perfon, who hath things titheable, if he cannot fhew a special exemption. They are an ecclefiaftical inheritance, collateral to the state of the land, not iffuing out of it, but diftinct from it. Wood's Inftit. 161. 2 Rep. 44. 11 Rep. 13, 14. Sir Simon Degge defines tithes to be, a tenth part, or fome other thing in lieu thereof, of all the increase yearly arifing out of the profits of lands and ftock, or raised by the industry of the parishioner, and properly due to the clergy that have the cure of the fouls in the parish where they did arife. Deg. Par. Coun. 214. The word parfon, in a legal acceptation, is taken Parfon, who, for the rector of a church parochial, and is denominated Perfona Ecclefiæ, because he taketh upon him the parfonage, that is, the care of perfonating, or representing the church; and therefore he is faid to B be |