Decimarum et oblationum tabula. = A tithing table Or Table of tithes and oblations, according to the Kings ecclesiasticall lawes and ordinances established in the Church of England: now newly reduced into a booke. Contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. Compiled by W.C. Bach. of the Civill Lavv.
         Tithes and oblations according to the lawes established in the Church of England
         W. C., Bachelor of the Civil Law.
      
       
         
           1633
        
      
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             Decimarum et oblationum tabula. = A tithing table Or Table of tithes and oblations, according to the Kings ecclesiasticall lawes and ordinances established in the Church of England: now newly reduced into a booke. Contayning as well the very letter of the law vnder which these rights be seuerally comprised, together with such questions of tything, and their resolutions by the lawes canon, ciuill, and approued doctors opinions of the same, as be ordinarily moued, and which doe often proue to controuersies heerein: as also a briefe and summarie declaration of composition, transaction, custome, prescription, priuilege; and how they preuaile in tything. Compiled by W.C. Bach. of the Civill Lavv.
             Tithes and oblations according to the lawes established in the Church of England
             W. C., Bachelor of the Civil Law.
             Clark, William, Bachelor of the civil law, attributed name.
          
           [64] p.
           
             Printed by Thomas Purfoot,
             London :
             An. Dom. 1633.
          
           
             W.C. = William Clark? Also erroneously attributed to William Crashaw.
             A revision of: Tithes and oblations according to the lawes established in the Church of England.
             Signatures: A-H⁴.
             Identified as STC 6012 on UMI microfilm.
             Reproduction of the original in the Henry E. Huntington Library and Art Gallery.
          
        
      
    
     
       
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         eng
      
       
         
           Tithes -- Great Britain -- Early works to 1800.
        
      
    
     
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               A
            
          
        
      
       
         
         
           
             
               HONI
               SOIT
               QVI
               MAL
               Y
               PENSE
            
             
               DIEV
               ET
               MON
               DROIT
               .
            
          
        
      
       
         
         
           DECIMARVM
           ET
           OBLATIONVM
           TABVLA
           .
        
         
           A
           Tithing
           Table
           .
           OR
           Table
           of
           Tithes
           and
           Oblations
           ,
           according
           to
           the
           Kings
           Ecclesiasticall
           Lawes
           and
           Ordinances
           established
           in
           the
           Church
           of
           England
           :
        
         
           Now
           newly
           reduced
           into
           a
           Booke
           .
        
         
           Contayning
           as
           well
           the
           very
           letter
           of
           the
           Law
           vnder
           which
           these
           rights
           be
           seuerally
           comprised
           ,
           together
           with
           such
           Questions
           of
           Tything
           ,
           and
           their
           Resolutions
           by
           the
           Lawes
           Canon
           ,
           Ciuill
           ,
           and
           approued
           Doctors
           opinions
           of
           the
           same
           ,
           as
           be
           ordinarily
           moued
           ,
           and
           which
           dee
           often
           proue
           to
           controuersies
           heerin
           :
        
         
           As
           also
           a
           briefe
           and
           summarie
           declaration
           of
           Composition
           ,
           Transaction
           ,
           Custome
           ,
           Prescription
           ,
           Priuilege
           ;
           And
           how
           they
           preuaile
           in
           Tything
           .
        
         
           Compiled
           by
           W.C.
           BACH
           .
           of
           the
           Civill
           LAVV.
           
        
         
           LONDON
           ,
           Printed
           by
           
             Thomas
             Purfoot
             .
             An.
             Dom.
          
           1633.
           
        
         
         
           ANNEXED
           HEREVNTO
           SVMMArily
           ,
           such
           Statute
           Lawes
           of
           the
           Land
           concerning
           these
           rights
           ,
           as
           haue
           been
           herein
           authorised
           ,
           and
           now
           doe
           remaine
           in
           their
           force
           accordingly
           .
        
         
           To
           the
           easie
           and
           plaine
           instructions
           of
           all
           the
           Kings
           Subiects
           Ecclesiasticall
           or
           Lay
           ,
           within
           his
           Maiesties
           dominions
           ,
           interessed
           ,
           whether
           in
           these
           rights
           to
           demand
           them
           ,
           or
           bounden
           to
           performe
           the
           same
           .
        
         
           
             Eccl.
             25.
             
          
           
             Hallow
             thy
             Tythes
             vnto
             God
             with
             gladnesse
             :
          
        
         
           
             Prou.
             3.
             
          
           
             So
             shall
             thy
             Barnes
             bee
             filled
             with
             plenteousnesse
             ,
             and
             thy
             presses
             flow
             over
             with
             sweet
             Wine
             .
          
        
      
       
         
         
           THE
           PREFACE
           .
        
         
           
             THE
             Canon
             and
             Civill
             Lawes
          
           (
           Christian
           Reader
           )
           since
           first
           K.
           Henry
           of
           happy
           memory
           the
           Eight
           ,
           dismembred
           their
           bodies
           ,
           a
           and
           restored
           to
           the
           Diadem
           of
           the
           Land
           (
           over
           the
           state
           Ecclesiasticall
           )
           the
           Ancient
           Iurisdiction
           of
           the
           Crowne
           ,
           they
           haue
           and
           do
           lie
           hidden
           ,
           such
           of
           them
           as
           K.
           Henry
           then
           continued
           ,
           and
           K.
           Edward
           b
           that
           succeeded
           him
           ,
           Intituled
           in
           his
           Raigne
           the
           Kings
           ,
           and
           afterwardes
           were
           the
           late
           Queenes
           deceased
           ,
           and
           as
           they
           bee
           novv
           tearmed
           ,
           
             The
             Kings
             Ecclesiasticall
             Lawes
          
           ,
           (
           the
           former
           statutes
           revived
           by
           Her
           Maiestie
           ,
           c
           in
           the
           first
           yeare
           of
           her
           Raigne
           )
           they
           have
           ,
           these
           Lawes
           ,
           and
           doe
           lie
           hidden
           in
           manifold
           ,
           darke
           ,
           and
           dangerous
           corners
           ,
           in
           practise
           onley
           familiar
           in
           Consistories
           ,
           and
           their
           knowledge
           to
           the
           Countries
           obscure
           :
           hence
           are
           the
           manifold
           vntimely
           
           Customes
           and
           Prescriptions
           that
           wee
           have
           :
           I
           inveigh
           not
           against
           them
           ,
           neither
           custome
           nor
           prescription
           ,
           that
           bee
           perfect
           now
           and
           in
           their
           perfect
           being
           ,
           I
           would
           not
           be
           taken
           ,
           or
           rather
           mistaken
           so
           :
           but
           they
           be
           weeds
           in
           their
           growing
           &
           all
           their
           ingendring
           time
           ,
           wherein
           (
           only
           )
           they
           give
           place
           to
           prevention
           :
           they
           bee
           Lawes
           of
           themselues
           (
           in
           their
           ripenesse
           ,
           inviolable
           d
           .
           If
           therefore
           some
           insight
           into
           these
           lawes
           ,
           and
           knowledge
           succeeding
           this
           long
           obscurity
           ,
           may
           worke
           another
           effect
           in
           the
           time
           to
           come
           ,
           none
           can
           say
           vprightly
           now
           that
           he
           is
           ,
           may
           be
           ,
           or
           his
           posterity
           after
           him
           (
           if
           not
           benefited
           )
           damnified
           thereby
           :
           happily
           I
           may
           be
           charged
           (
           in
           translating
           )
           to
           haue
           damnified
           the
           Lawes
           ,
           I
           haue
           shadowed
           (
           I
           confesse
           )
           their
           first
           and
           originall
           grace
           ,
           such
           beauty
           haue
           they
           and
           elegancy
           too
           ,
           in
           the
           Latine
           tongue
           :
           but
           I
           write
           to
           English-men
           ;
           and
           such
           as
           not
           so
           much
           affect
           to
           heare
           of
           the
           beauty
           ,
           as
           they
           be
           desirous
           to
           vnderstand
           the
           benefit
           of
           their
           Lawes
           :
           for
           such
           I
           haue
           framed
           this
           
             Tything
             Table
          
           ,
           and
           replenished
           (
           as
           my
           slender
           skill
           
           would
           serue
           )
           the
           same
           ,
           with
           necessary
           ,
           dispersed
           ,
           and
           scattered
           lawes
           ,
           not
           hurtfull
           ,
           considered
           as
           they
           be
           delivered
           ,
           nor
           preiudiciall
           to
           the
           Royall
           prerogatiue
           ,
           nor
           repugnant
           to
           the
           Lawes
           ,
           Statutes
           ,
           nor
           Customes
           of
           this
           Land.
           Tythes
           (
           by
           sale
           )
           be
           turned
           into
           chattels
           e
           ,
           and
           made
           of
           spirituall
           ,
           temporall
           things
           :
           in
           debate
           (
           of
           the
           right
           of
           patronage
           )
           in
           Tythes
           ,
           and
           exceeding
           the
           fourth
           part
           of
           the
           value
           of
           the
           Church
           f
           ,
           where
           great
           wood
           is
           demanded
           in
           the
           name
           of
           
             Silva
             Caedua
          
           g
           ,
           in
           Tythes
           and
           Oblations
           ,
           where
           there
           is
           any
           state
           of
           Inheritance
           h
           ,
           and
           where
           they
           be
           demanded
           ,
           and
           be
           neither
           due
           nor
           accustomed
           i
           ,
           the
           Kings
           prohibition
           doth
           lie
           in
           all
           these
           cases
           and
           no
           consultation
           :
           otherwise
           ,
           and
           without
           such
           temporall
           mixtures
           ,
           prohibition
           hath
           no
           place
           k
           :
           but
           the
           Iudge
           Ecclesiasticall
           hath
           power
           to
           proceed
           ,
           notwithstanding
           the
           Kings
           prohibition
           l
           .
           Conceiving
           them
           therefore
           (
           
             Christian
             Reader
          
           )
           as
           they
           be
           meant
           ,
           and
           mentioned
           to
           be
           presented
           vnto
           thee
           ,
           viz.
           As
           they
           be
           meerely
           spirituall
           Tythes
           and
           Oblations
           ,
           
           and
           without
           any
           Temporall
           mixture
           ,
           thou
           shalt
           not
           misconstrue
           the
           Author
           ,
           nor
           deceive
           thy selfe
           .
           Farewell
           .
        
         
           
             LONDON
             
               the
               Twenty
               ninth
               of
               Aprill
               .
               1591.
               
            
          
           
             
               The
               Readers
               (
               ever
               )
               in
               the
            
             LORD
             ,
             VV.
             C.
             
          
        
      
       
         
         
           A
           briefe
           Collection
           of
           the
           Letter
           and
           tearmes
           of
           the
           Law
           ,
           with
           their
           seuerall
           Expositions
           in
           English
           ;
           and
           of
           all
           such
           questions
           of
           Tything
           which
           be
           mentioned
           and
           contayned
           within
           the
           body
           of
           this
           Table
           ,
           whereby
           every
           Tythable
           thing
           and
           question
           that
           is
           moved
           and
           answered
           of
           the
           same
           ,
           is
           readily
           found
           .
        
         
           
             The
             First
             Question
             .
          
           
             
               Decima
               De
               Frugibus
               ,
            
             
               i.
               Of.
               Harvest
               fruites
               ,
               sowne
               ,
               mowne
               ,
               reaped
               ,
               gathered
               ,
               bound
               or
               loose
               in
               Heape
               ,
               shocke
               or
               sheafe
               .
            
          
           
             1
             When
             they
             be
             tithable
             ,
             and
             such
             other
             praediall
             Tithes
             ,
             whether
             it
             be
             lawfull
             to
             the
             owner
             to
             dispose
             any
             manner
             of
             way
             of
             any
             part
             of
             the
             fruits
             before
             division
             be
             made
             ,
             and
             the
             Tenth
             part
             be
             severed
             from
             the
             Nine
             parts
             ?
          
           
             2
             If
             a
             stranger
             shall
             prescribe
             tithes
             in
             another
             parish
             ,
             and
             there
             shall
             happen
             afterwards
             barren
             and
             wast
             grounds
             to
             be
             tilled
             ,
             whether
             the
             stranger
             that
             prescribeth
             ,
             or
             the
             Church
             where
             the
             grounds
             doe
             lie
             ,
             shall
             reape
             the
             Tithes
             ?
          
           
             3
             If
             one
             shall
             haue
             right
             of
             tyth
             in
             a
             wood
             ,
             and
             that
             wood
             become
             afterwards
             arable
             ground
             ,
             whether
             his
             right
             continueth
             in
             the
             Corne
             ?
          
        
         
           
           
             The
             second
             Question
             .
          
           
             
               Decima
               De
               
                 Siluis
                 caeduis
              
               ,
            
             
               i.
               Of
               woods
               felled
               ;
               and
               preserved
               to
               grow
               againe
               .
            
             
               Decima
               De
               Lignis
               ,
            
             
               i.
               Of
               wood
               not
               in
               vse
               ,
               nor
               apt
               for
               Timber
               ,
               but
               for
               fyring
               .
            
             
               Decima
               De
               
                 Thenitijs
                 agrorum
              
               ,
            
             
               i.
               Of
               trees
               planted
               for
               fencing
               of
               grounds
               ,
               in
               fields
               ,
               pastures
               ,
               and
               hedge-rowes
               .
            
             
               Decima
               De
               Turuis
               ,
            
             
               i.
               Of
               Turues
               growing
               in
               fennish
               &
               moorish
               soiles
               as
               in
               the
               Isle
               of
               Ely.
               
            
          
           
             1
             Wood
             of
             20.
             yeares
             growth
             and
             vpward
             ,
             whether
             it
             bee
             tithable
             or
             not
             ?
             And
             what
             of
             lopping
             of
             timber
             trees
             ?
          
           
             2
             When
             woods
             be
             felled
             and
             sold
             ,
             who
             shall
             answer
             the
             tith
             ?
             the
             buyer
             ,
             or
             the
             seller
             ?
          
           
             3
             If
             the
             inheritance
             of
             a
             wood
             be
             sold
             ,
             that
             is
             in
             arrerages
             for
             tyth
             ,
             whom
             the
             Parson
             may
             implead
             ?
          
           
             4
             Turues
             ,
             amongst
             what
             tythes
             they
             be
             reckoned
             ?
          
        
         
           
             The
             third
             Question
             .
          
           
             
               Decima
               De
               Pasturis
               ,
            
             
               i.
               Of
               pasture
               grounds
               .
            
          
           
             1
             If
             they
             be
             fed
             ,
             how
             the
             tith
             shall
             be
             answered
             ?
          
        
         
           
           
             The
             Fourth
             Question
             .
          
           
             
               Decima
               De
               Fenis
               ,
            
             
               i.
               Of
               Hay
               .
            
          
           
             1
             Hay
             ,
             of
             what
             places
             ?
             and
             what
             Tyth
             it
             is
             ?
          
        
         
           
             The
             Fift
             Question
             .
          
           
             
               Decima
               De
               Lana
               ,
            
             
               i.
               Of
               Wooll
               .
            
          
           
             1
             Whether
             the
             sheepe
             of
             Sons
             and
             Daughters
             be
             tithable
             (
             or
             not
             )
             with
             their
             fathers
             flocks
             wherein
             they
             do
             goe
             ?
          
           
             2
             Where
             sheepe
             bee
             remoued
             from
             one
             Parish
             to
             another
             ,
             how
             the
             Tith
             is
             divided
             by
             rate
             and
             proportion
             of
             time
             ?
          
           
             3
             If
             strange
             sheepe
             bee
             brought
             to
             another
             parish
             and
             there
             be
             clipped
             or
             shorn
             ,
             how
             they
             be
             tithable
             there
             ?
          
        
         
           
             The
             Sixt
             Question
             .
          
           
             
               Decima
               De
               Agnis
               ,
            
             
               i.
               Of
               Lambs
               .
            
             
               Decima
               De
               Vitulis
               ,
            
             
               i.
               Of
               Calues
               .
            
             
               Decima
               De
               Porcellis
               ,
            
             
               i.
               Of
               Pigges
               .
            
             
               Decima
               De
               Pullis
               ,
            
             
               i.
               Of
               Colts
               .
            
          
           
             1
             Whether
             the
             Parson
             may
             expect
             his
             Lambe
             (
             the
             next
             yeare
             following
             )
             if
             the
             
             parishioners
             number
             in
             any
             one
             yeere
             amounteth
             not
             to
             ten
             ?
             And
             what
             ,
             if
             he
             fayleth
             then
             ?
          
           
             2
             When
             Yeawes
             be
             remoued
             ,
             and
             other
             such
             cattell
             and
             beasts
             from
             one
             parish
             to
             another
             ,
             how
             the
             severall
             Churches
             be
             interessed
             in
             the
             Tyth
             of
             their
             Lambs
             ,
             and
             such
             other
             increase
             .
          
           
             3
             Of
             Lambe
             ,
             calfe
             ,
             Kid
             ,
             colt
             ,
             pigge
             ,
             &c.
             and
             when
             is
             their
             tythable
             time
             ?
          
        
         
           
             The
             Seuenth
             Question
             .
          
           
             
               Decima
               De
               Lacte
               ,
            
             
               i.
               Of
               Milke
               .
            
             
               Decima
               De
               Caseo
               ,
            
             
               i.
               Of
               Cheese
               .
            
          
           
             1
             Milke
             and
             Cheese
             how
             ?
             and
             when
             they
             be
             tythable
             ?
          
           
             2
             If
             Cattell
             feed
             in
             one
             Parish
             and
             couch
             in
             another
             ,
             how
             the
             profits
             be
             tythed
             ?
          
           
             3
             Where
             Cheese
             is
             tythable
             ,
             and
             the
             number
             of
             Cattell
             so
             small
             that
             none
             can
             bee
             made
             ;
             how
             the
             tyth
             shall
             bee
             answered
             for
             their
             small
             proportion
             ?
          
           
             4
             Where
             Milke
             of
             sheep
             is
             tythed
             in
             kind
             ,
             how
             they
             be
             tithable
             (
             for
             their
             pasture
             )
             in
             the
             VVinter
             when
             they
             doe
             yeeld
             no
             such
             profit
             ?
          
        
         
           
           
             The
             Eight
             Question
             .
          
           
             
               Decima
               De
               
                 Fructibus
                 arborum
              
               ,
            
             
               i.
               Of
               Fruites
               of
               Trees
               .
            
          
           
             1
             Of
             Apples
             and
             other
             such
             fruits
             of
             trees
             ,
             what
             of
             their
             tythable
             time
             ?
          
        
         
           
             The
             Ninth
             Question
             .
          
           
             
               Decima
               De
               Seminibus
               ,
            
             
               i.
               Of
               seeds
               :
               Hempe
               ,
               Flax
               ,
               Onions
               ,
               Rape
               ,
               and
               such
               like
               .
            
             
               Decima
               De
               Herbis
               ,
            
             
               i.
               Of
               Pot-hearbs
               .
            
             
               Decima
               De
               Curtilagijs
               ,
            
             
               i.
               Of
               places
               adioining
               to
               mansion
               houses
               ,
               applied
               to
               seeds
               and
               hearbs
               .
            
          
           
             1
             Of
             Seeds
             and
             Hearbes
             what
             manner
             of
             tythes
             they
             be
             ?
          
        
         
           
             The
             Tenth
             Question
             .
          
           
             
               Decima
               De
               
                 Pannagijs
                 siluarum
              
               ,
            
             
               i.
               Of
               mast
               ,
               of
               Beech
               ,
               or
               Oke
               ,
               or
               such
               like
               .
            
          
           
             1
             Of
             Mast
             ,
             what
             ,
             when
             it
             is
             given
             ?
             and
             what
             ,
             when
             it
             is
             sold
             ?
          
        
         
           
           
             The
             Eleuenth
             Question
             .
          
           
             
               Decima
               De
               Molendinis
               ,
            
             
               i.
               Of
               Mils
               ,
               forced
               by
               wind
               ,
               water
               ,
               &c.
               
            
             
               Decima
               De
               Vivarijs
               ,
            
             
               i.
               Of
               Parkes
               ,
               Warrens
               ,
               pooles
               ,
               ponds
               ,
               &c.
               
            
             
               Decima
               De
               
                 Bestijs
                 guarenarum
              
               ,
            
             
               i.
               Of
               wild
               beasts
               vnder
               custody
               &c.
               
            
             
               Decima
               De
               Columbarijs
               ,
            
             
               i.
               Of
               Doue-cotes
               ,
               or
               houses
               .
            
             
               Decima
               De
               Apibus
               ,
            
             
               i.
               Of
               Bees
               .
            
          
           
             1
             What
             manner
             of
             tithes
             they
             bee
             ?
             And
             how
             they
             be
             tithable
             ?
          
        
         
           
             The
             twelfth
             Question
             .
          
           
             
               Decima
               De
               Aucupijs
               ,
            
             
               i.
               Of
               Fowlings
               .
            
             
               Decima
               De
               Venationibus
               ,
            
             
               i.
               Of
               Huntings
               .
            
             
               Decima
               De
               Piscationibus
               ,
            
             
               i.
               Of
               Fishings
               .
            
          
           
             1
             Beasts
             ,
             Fishes
             ,
             Fowles
             ,
             how
             (
             diversly
             )
             they
             be
             tythed
             ,
             (
             diversly
             )
             considered
             .
          
        
         
           
           
             The
             thirteenth
             Question
             .
          
           
             
               Decima
               De
               Cignis
               ,
            
             
               i.
               Of
               Swannes
               .
            
             
               Decima
               De
               Aucis
               ,
            
             
               i.
               Of
               Geese
               .
            
          
           
             1
             Of
             Swannes
             ,
             Geese
             ,
             Ducks
             ,
             and
             how
             they
             be
             considered
             of
             .
          
        
         
           
             The
             fourteenth
             Question
             .
          
           
             
               Decima
               De
               Ouis
               ,
            
             
               i.
               Of
               Egges
               .
            
          
           
             1
             of
             Egges
             ,
             where
             Tythes
             bee
             yeelded
             ,
             whether
             chickens
             be
             tythable
             there
             ?
          
        
         
           
             The
             fifteenth
             Question
             .
          
           
             
               Decima
               De
               Artificijs
               ,
            
             
               i.
               Of
               Crafts
               ,
               and
               manuall
               Occupations
               .
            
             
               Decima
               De
               Negotiationibus
               ,
            
             
               i.
               Of
               Trades
               by
               wares
               ,
               Marchandise
               ,
               &c.
               
            
          
           
             1
             Of
             personall
             Tythes
             ,
             what
             time
             ,
             place
             ,
             and
             persons
             ,
             be
             required
             in
             them
             ,
             and
             of
             whom
             the
             Church
             is
             forbidden
             to
             receiue
             either
             personall
             Tyth
             ,
             or
             Oblation
             ?
          
        
      
    
     
       
         
           
           
           
             
               The
               First
               Question
               .
            
             
               
                 Decima
                 De
                 Frugibus
                 ,
              
               
                 i.
                 Of
                 Harvest
                 fruites
                 ,
                 sowne
                 ,
                 mowne
                 ,
                 reaped
                 ,
                 gathered
                 ,
                 bound
                 or
                 loose
                 ,
                 in
                 Heape
                 ,
                 shocke
                 or
                 sheafe
                 .
              
            
             
               1
               When
               they
               be
               tithable
               ,
               and
               such
               other
               praediall
               Tithes
               ,
               whether
               it
               be
               lawfull
               to
               the
               owner
               to
               dispose
               any
               manner
               of
               way
               of
               any
               part
               of
               the
               fruits
               before
               division
               be
               made
               ,
               and
               the
               Tenth
               part
               be
               severed
               from
               the
               Nine
               parts
               ?
            
             
               2
               If
               a
               stranger
               shall
               prescribe
               tithes
               in
               another
               parish
               ,
               and
               there
               shall
               happen
               afterwards
               barren
               and
               wast
               grounds
               to
               be
               tilled
               ,
               whether
               the
               stranger
               that
               prescribeth
               ,
               or
               the
               Church
               where
               the
               grounds
               doe
               lie
               ,
               shall
               reape
               the
               Tithes
               ?
            
             
               3
               If
               one
               shall
               haue
               right
               of
               tyth
               in
               a
               wood
               ,
               and
               that
               wood
               become
               afterwards
               arable
               ground
               ,
               whether
               his
               right
               continueth
               in
               the
               Corne
               ?
            
          
           
             Questions
             of
             Tithing
             ,
             and
             their
             Resolutions
             .
          
           
             The
             First
             Question
             .
          
           
             
             1PArishioners
             out
             of
             their
             Haruest-fruits
             ;
             specified
             vnder
             the
             word
             Frugibus
             (
             before
             their
             Tythes
             assigned
             of
             the
             same
             )
             diminish
             their
             fruits
             ,
             some
             one
             way
             ,
             some
             another
             :
             admit
             to
             godly
             or
             prophane
             vses
             :
             or
             
             (
             as
             their
             manner
             hath
             beene
             )
             to
             the
             satisfying
             therein
             that
             labourers
             their
             wages
             .
             The
             question
             is
             ,
             whether
             this
             be
             lawfull
             ?
             It
             is
             answered
             ,
             A
             fraud
             vnto
             the
             Church
             :
             For
             this
             alowance
             (
             If
             any
             such
             be
             )
             not
             otherwise
             ought
             to
             be
             made
             ,
             than
             forth
             of
             the
             Nyne
             parts
             :
             and
             the
             reason
             is
             ,
             
               Decima
               debet
               solui
               sine
               diminutione
               ,
               &c.
               
            
             Tyth
             must
             be
             payd
             without
             any
             diminishing
             a
             .
          
           
             2
             The
             Parson
             of
             the
             Rectorie
             of
             
               A
               (
               iure
               praescriptionis
               )
               i.
            
             by
             right
             of
             prescription
             ,
             hath
             interest
             in
             and
             to
             the
             prediall
             Tythes
             of
             the
             Parish
             Church
             of
             B
             ,
             where
             there
             bee
             converted
             (
             into
             tillage
             )
             diuers
             barren
             ,
             heath
             ,
             and
             wast
             grounds
             ,
             that
             neuer
             before
             yeelded
             any
             profit
             to
             the
             Church
             :
             The
             question
             is
             ,
             (
             now
             )
             of
             these
             Tythes
             ,
             and
             which
             of
             the
             Churches
             shall
             haue
             them
             ?
             It
             is
             answered
             ,
             that
             the
             Parish
             Church
             of
             B
             shall
             haue
             these
             Tythes
             ,
             because
             they
             bee
             
               Decimae
               noualium
               ,
               i.
            
             Arising
             of
             such
             grounds
             that
             neuer
             were
             manured
             nor
             yeelded
             before
             any
             profit
             at
             all
             to
             the
             Church
             :
             and
             the
             reason
             is
             ,
             by
             the
             foundation
             of
             euery
             Church
             ,
             the
             Tythes
             in
             generall
             of
             that
             and
             every
             Parish
             ,
             are
             due
             to
             their
             owne
             proper
             and
             peculiar
             Church
             b
             .
             Now
             ,
             for
             as
             much
             as
             the
             Church
             of
             A
             could
             neuer
             before
             be
             in
             Possession
             of
             the
             Tythes
             of
             these
             wast
             grounds
             ,
             because
             they
             neuer
             were
             in
             being
             c
             ,
             and
             that
             the
             Law
             is
             ,
             that
             
               Tantum
               praescriptum
               est
               ,
               quantum
               est
               possessum
               ,
               &
               non
               plus
               ,
               i.
            
             So
             much
             
             (
             and
             no
             more
             )
             in
             prescription
             ,
             than
             in
             possession
             d
             :
             And
             again
             ,
             in
             that
             prescription
             is
             not
             extended
             
               ad
               futura
               ,
               i.
            
             It
             reacheth
             not
             vnto
             profits
             of
             tythable
             grounds
             to
             come
             e
             ,
             
               Summae
               aequitatis
               est
               ,
               &c.
               i.
            
             The
             premisses
             considered
             ,
             it
             standeth
             with
             great
             equity
             ,
             in
             this
             case
             ,
             that
             the
             Church
             of
             B
             shold
             reap
             &
             perceiue
             these
             tiths
             f
             .
          
           
             3
             But
             note
             ,
             it
             is
             otherwise
             where
             one
             shall
             be
             in
             possession
             of
             the
             Tyth
             of
             Corne
             ,
             or
             of
             Pasture
             ,
             or
             of
             Wood
             ,
             or
             of
             any
             prediall
             Tythes
             whatsoeuer
             arising
             in
             the
             grounds
             wherein
             he
             prescribeth
             ,
             howbeit
             afterwardes
             there
             bee
             planted
             or
             set
             or
             sown
             in
             the
             same
             any
             strange
             plant
             ,
             seed
             ,
             or
             hearbe
             ,
             that
             neuer
             grew
             before
             in
             these
             grounds
             .
             For
             example
             :
             Millet
             is
             sowne
             or
             Saffron
             ,
             where
             Corne
             hath
             beene
             sowne
             vsually
             and
             euer
             before
             ,
             and
             as
             the
             maner
             is
             ,
             in
             some
             parts
             of
             this
             Land
             to
             sow
             in
             their
             Pasture
             grounds
             the
             Hearb
             that
             is
             called
             Glastum
             or
             
               Isatis
               ,
               Caesar
            
             writeth
             of
             the
             old
             Brittons
             that
             they
             vsed
             with
             this
             Hearbe
             to
             smeare
             their
             faces
             ,
             to
             the
             end
             to
             seeme
             terrible
             to
             their
             Enemies
             in
             Warre
             :
             we
             call
             it
             in
             English
             Wadde
             or
             Woad
             .
             Againe
             ,
             Apples
             ,
             or
             Nuts
             ,
             bee
             newly
             planted
             where
             neuer
             they
             grew
             before
             :
             and
             so
             
               Ex
               nemoribus
               ,
               i.
            
             Of
             Woods
             that
             be
             conuerted
             to
             arable
             grounds
             :
             the
             Tythes
             in
             all
             these
             cases
             bee
             payable
             as
             before
             they
             were
             of
             the
             former
             fruites
             ,
             and
             to
             whome
             the
             former
             fruites
             were
             tythable
             before
             ,
             namely
             ,
             to
             the
             Parson
             or
             Church
             
             that
             prescribeth
             ,
             and
             the
             reason
             is
             ,
             
               viz.
               Praescriptio
               est
               realis
               censenda
               .
               i.
               Terram
               concernens
               ,
               non
               speciem
               fructuum
               perceptorum
               ,
               i.
            
             Prescription
             is
             reall
             ,
             that
             is
             to
             say
             ,
             respecting
             not
             the
             new
             or
             neuer
             tithed
             fruits
             ,
             but
             the
             tythable
             grounds
             that
             bringeth
             them
             forth
             g
             :
             In
             respect
             whereof
             ,
             that
             is
             ,
             of
             the
             grounds
             ,
             the
             tythes
             whereof
             forepassed
             ,
             haue
             beene
             (
             without
             discontinuance
             or
             other
             interruption
             )
             continued
             and
             possessed
             ,
             it
             is
             thus
             affirmed
             (
             in
             these
             cases
             )
             of
             prescription
             ,
             
               viz.
               Praesciptio
               extenditur
               ad
               particularitatem
               iuris
               apprehensi
               ,
               sub
               vnico
               iure
               vt
               vniuersali
               ,
               i.
            
             Prescription
             is
             extended
             to
             euery
             particularity
             of
             right
             apprehended
             ,
             as
             it
             were
             ,
             vnder
             that
             particular
             ,
             as
             generall
             h
             otherwise
             it
             should
             be
             
               in
               potestate
               serentis
               ,
               i.
            
             In
             the
             owners
             power
             (
             changing
             the
             fruits
             )
             to
             prevent
             anothers
             right
             in
             the
             Tythes
             of
             his
             certaine
             ,
             knowne
             ,
             and
             tythable
             grounds
             :
             contrary
             to
             the
             rule
             of
             the
             law
             ,
             
               viz.
               Id
               quod
               nostrum
               est
               sine
               facto
               nostro
               à
               nobis
               avelli
               non
               potest
               ,
               i.
            
             That
             which
             is
             mine
             cannot
             (
             without
             my
             fact
             )
             be
             taken
             from
             me
             i
             .
             Looke
             the
             statute
             
               De
               noualibus
               ,
               i.
            
             Of
             barren
             ,
             heath
             ,
             and
             waste
             ground
             ,
             
               2.
               
               Ed.
               6.13
            
             .
             And
             looke
             the
             statute
             for
             prediall
             Tithes
             ,
             and
             Tithable
             places
             ,
             
               2
               Ed.
               6.13
            
             .
          
        
         
           
           
             
               
                 The
                 Second
                 Question
                 .
              
               
                 Decima
                 De
                 
                   Siluis
                   caeduis
                
                 ,
              
               
                 i.
                 Of
                 woods
                 felled
                 ,
                 and
                 preserved
                 to
                 grow
                 againe
                 .
              
               
                 Decima
                 De
                 Lignis
                 ,
              
               
                 i.
                 Of
                 wood
                 not
                 in
                 vse
                 ,
                 nor
                 apt
                 for
                 Timber
                 ,
                 but
                 for
                 fyring
                 .
              
               
                 Decima
                 De
                 
                   Thenitijs
                   agrorum
                
                 ,
              
               
                 i.
                 Of
                 trees
                 planted
                 for
                 fencing
                 of
                 grounds
                 ,
                 in
                 fields
                 ,
                 pastures
                 ,
                 and
                 hedge-rowes
                 .
              
               
                 Decima
                 De
                 Turuis
                 ,
              
               
                 i.
                 Of
                 Turues
                 growing
                 in
                 fennish
                 &
                 moorish
                 soiles
                 as
                 in
                 the
                 Isle
                 of
                 Ely.
                 
              
            
             
               1
               Wood
               of
               20.
               years
               growth
               and
               vpwards
               ,
               whether
               it
               bee
               tithable
               or
               not
               ?
               And
               what
               of
               lopping
               of
               timber
               trees
               ?
            
             
               2
               When
               woods
               be
               felled
               and
               sold
               ,
               who
               shall
               answer
               the
               tith
               ?
               the
               buyer
               ,
               or
               the
               seller
               ?
            
             
               3
               If
               the
               inheritance
               of
               a
               wood
               be
               sold
               ,
               that
               is
               in
               arrerages
               for
               tyth
               ,
               whom
               the
               Parson
               may
               implead
               ?
            
             
               4
               Turnes
               ,
               amongst
               what
               tythes
               they
               be
               reckoned
               ?
            
          
           
             The
             Second
             Question
             .
          
           
             
             1Of
             Woods
             and
             wood
             ,
             contayned
             and
             specified
             vnder
             the
             words
             
               Silvis
               caeduis
               ,
               Lignis
               ,
               Thenitijs
               agrorum
               ,
            
             some
             of
             them
             exceed
             the
             growth
             of
             Twenty
             yeares
             ,
             and
             some
             of
             them
             not
             felled
             within
             the
             memorie
             
             of
             man
             ,
             peraduenture
             not
             of
             an
             hundreth
             or
             two
             of
             yeares
             :
             there
             groweth
             a
             question
             of
             such
             Woods
             for
             the
             Tythes
             of
             the
             same
             :
             It
             should
             seeme
             ,
             the
             parishioner
             herein
             may
             plead
             for
             the
             one
             (
             against
             the
             Parson
             )
             the
             statute
             of
             
               Silua
               Caedua
            
             ,
             that
             exempteth
             wood
             of
             Twenty
             yeares
             growth
             and
             vpwards
             ,
             from
             the
             payment
             of
             tythes
             :
             and
             (
             for
             the
             other
             )
             both
             the
             Statute
             and
             prescription
             ,
             in
             that
             the
             Tythes
             therein
             were
             neuer
             performed
             :
             interpreting
             the
             Statute
             no
             further
             than
             the
             Statute
             explaineth
             it selfe
             :
             It
             is
             answered
             by
             the
             Canons
             alleaged
             ,
             so
             farre
             forth
             (
             with
             protestation
             )
             and
             no
             further
             ,
             then
             the
             statute
             shall
             permit
             ,
             that
             wood
             not
             in
             vse
             nor
             apt
             for
             Timber
             is
             tythable
             ,
             body
             or
             bough
             ,
             felled
             or
             lopped
             k
             .
             As
             for
             prescription
             ,
             it
             is
             answered
             ,
             
               Praescriptio
               locum
               habere
               non
               potest
               ,
               vbi
               illi
               cui
               ius
               competit
               agere
               non
               potest
               ,
               cum
               cesset
               materia
               de
               qua
               experiatur
               ,
               i.
            
             Prescription
             hath
             no
             place
             ,
             where
             the
             interessed
             (
             in
             his
             right
             )
             can
             make
             no
             demand
             ,
             the
             matter
             ceasing
             wherevpon
             he
             should
             worke
             :
             for
             example
             ,
             Of
             wood
             neuer
             cut
             ,
             the
             Tith
             could
             neuer
             be
             demanded
             l
             .
             But
             whether
             the
             loppings
             or
             bootes
             of
             such
             trees
             the
             which
             the
             Common
             Lawes
             of
             the
             Realme
             account
             timber
             be
             tythable
             or
             not
             ,
             is
             not
             yet
             decided
             by
             that
             Law.
             
          
           
             2
             It
             is
             a
             question
             ,
             when
             VVoods
             so
             selled
             bee
             sold
             ,
             who
             shall
             answer
             the
             Tythes
             ,
             the
             Buyer
             or
             the
             Seller
             ?
             It
             is
             answered
             ,
             
             The
             Buyer
             m
             shall
             answere
             the
             Tyth
             :
             and
             the
             reason
             is
             ,
             
               Decima
               sequitur
               fructus
               ,
               &
               cum
               onere
               fructuum
               decimae
               transferuntur
               in
               alterum
               ,
               i.
            
             Tythe
             doth
             follow
             the
             fruits
             ,
             and
             fruits
             bee
             translated
             into
             anothers
             right
             together
             with
             the
             burthen
             of
             Tythes
             n
             .
          
           
             3
             Where
             the
             Inheritance
             of
             a
             wood
             is
             sold
             ,
             the
             Tythes
             whereof
             for
             certaine
             yeares
             forepassed
             ,
             by
             the
             Seller
             hath
             been
             detayned
             and
             wrongfully
             substracted
             from
             the
             Church
             ,
             It
             is
             a
             question
             whom
             the
             Parson
             may
             implead
             :
             It
             is
             holden
             ,
             he
             may
             implead
             the
             one
             or
             the
             other
             at
             his
             owne
             choyce
             o
             ,
             but
             he
             can
             recouer
             but
             of
             one
             p
             .
             But
             by
             the
             statutes
             of
             the
             Land
             ,
             the
             Seller
             only
             ,
             in
             this
             case
             ,
             shall
             bee
             impleaded
             and
             sued
             vnto
             treble
             damages
             ,
             
               2
               Ed.
               6.13
            
             .
             And
             not
             the
             buyer
             who
             tooke
             not
             the
             Tyth
             away
             .
          
           
             
               4
               De
               Turvis
               ,
               i.
            
             Of
             Turues
             ,
             they
             be
             tythable
             ,
             and
             comprehended
             vnder
             the
             word
             Lignis
             ,
             because
             they
             be
             so
             applyed
             ,
             that
             is
             ,
             for
             fyring
             q
             ,
             and
             reckoned
             in
             the
             number
             and
             amongst
             prediall
             Tythes
             .
          
        
         
           
           
             
               The
               Third
               Question
               .
            
             
               
                 Decima
                 De
                 Pasturis
                 ,
              
               
                 i.
                 Of
                 pasture
                 grounds
                 .
              
            
             
               1
               If
               they
               be
               fed
               ,
               how
               the
               tith
               shall
               be
               answered
               ?
            
          
           
             The
             Third
             Question
             .
          
           
             
             1Of
             Pasture
             grounds
             ,
             when
             they
             be
             fed
             ,
             it
             is
             a
             question
             how
             the
             Tyth
             shall
             bee
             answered
             ?
             It
             must
             bee
             considered
             whose
             the
             grounds
             be
             ,
             whether
             the
             owners
             of
             the
             cattell
             that
             fed
             them
             ,
             or
             a
             strangers
             of
             another
             Parish
             .
             In
             the
             first
             case
             ,
             if
             the
             cattle
             be
             such
             that
             yeeld
             profit
             to
             the
             Church
             ,
             the
             tyth
             is
             satisfied
             in
             the
             fruits
             of
             the
             beasts
             r
             .
             In
             the
             other
             case
             ,
             it
             must
             be
             considered
             of
             the
             stranger
             ,
             whether
             he
             selleth
             or
             giueth
             franckly
             to
             the
             owner
             of
             the
             cattle
             ,
             the
             pasturage
             of
             his
             grounds
             :
             the
             stranger
             if
             he
             sell
             it
             ,
             is
             answerable
             for
             the
             Tenth
             Penny
             :
             the
             Parishioner
             ,
             if
             freely
             he
             receiueth
             it
             ,
             is
             answerable
             for
             the
             estimation
             s
             .
             But
             note
             ,
             the
             estimation
             shall
             not
             be
             answered
             ,
             but
             where
             the
             grounds
             with
             beasts
             be
             fed
             ,
             
               Nullam
               Ecclesiae
               vtilitatem
               alias
               ,
               &c.
               i.
            
             Yeelding
             otherwise
             no
             profit
             at
             all
             to
             the
             Church
             ,
             of
             which
             sort
             be
             Horses
             ,
             Oxen
             ,
             and
             such
             other
             barren
             Beasts
             .
             In
             other
             profitable
             cattell
             ,
             the
             tyth
             is
             intended
             (
             as
             aforesaid
             )
             to
             
             be
             answered
             in
             the
             fruits
             t
             .
             But
             note
             ,
             that
             generally
             the
             occupyer
             of
             the
             Pasture
             is
             to
             pay
             the
             Tyth
             ,
             and
             so
             is
             the
             Custome
             .
          
        
         
           
             
               The
               Fourth
               Question
               .
            
             
               
                 Decima
                 De
                 Fenis
                 ,
              
               
                 i.
                 Of
                 Hay
                 .
              
            
             
               1
               Hay
               ,
               of
               what
               places
               ?
               and
               what
               Tyth
               it
               is
               ?
            
          
           
             The
             Fourth
             Question
             .
          
           
             
               1
               DE
               Fenis
               ,
               i.
            
             Of
             Nay
             ,
             according
             to
             the
             exposition
             of
             the
             word
             ,
             the
             tyth
             is
             payable
             ,
             viz.
             Of
             the
             grasse
             withered
             or
             greene
             ,
             perceiued
             and
             taken
             in
             Meddow
             ,
             Pasture
             ,
             great
             or
             small
             ,
             or
             in
             other
             place
             ,
             places
             ,
             or
             angles
             (
             so
             within
             the
             limits
             of
             the
             parish
             )
             wheresoeuer
             u
             :
             Question
             hath
             been
             moued
             of
             this
             Tythe
             to
             this
             effect
             ,
             that
             is
             to
             say
             ,
             whether
             it
             be
             prediall
             or
             personall
             :
             It
             is
             answered
             to
             be
             prediall
             x
             :
             For
             how
             be
             it
             the
             industry
             and
             labour
             of
             the
             person
             may
             seeme
             and
             be
             alleaged
             more
             to
             preuaile
             (
             as
             they
             tearm
             it
             )
             in
             the
             making
             thereof
             ,
             then
             the
             nature
             of
             the
             ground
             ,
             yet
             in
             that
             it
             is
             perceiued
             of
             the
             ground
             ,
             and
             gathered
             of
             and
             from
             a
             place
             certayne
             ,
             in
             some
             one
             or
             other
             knowne
             ,
             certaine
             ,
             and
             limited
             Parish
             ,
             it
             is
             tythable
             as
             other
             prediall
             
             Tythes
             be
             y
             ,
             that
             is
             ,
             to
             that
             Parish
             Church
             where
             the
             grounds
             doe
             lie
             ,
             without
             Deduction
             of
             charges
             .
          
        
         
           
             
               The
               Fift
               Question
               .
            
             
               
                 Decima
                 De
                 Lana
                 ,
              
               
                 i.
                 Of
                 Wooll
                 .
              
            
             
               1
               Whether
               the
               sheepe
               of
               Sons
               and
               Daughters
               be
               tithable
               (
               or
               not
               )
               with
               their
               fathers
               flocks
               wherein
               they
               do
               goe
               ?
            
             
               2
               Where
               sheepe
               bee
               remoued
               from
               one
               Parish
               to
               another
               ,
               how
               the
               Tith
               is
               divided
               by
               rate
               and
               proportion
               of
               time
               ?
            
             
               3
               If
               strange
               sheepe
               bee
               brought
               to
               another
               parish
               and
               there
               be
               clipped
               or
               shorn
               ,
               how
               they
               be
               tithable
               there
               ?
            
          
           
             The
             Fift
             Question
             .
          
           
             
             1OF
             profits
             and
             increase
             of
             such
             profitable
             Beasts
             before
             mentioned
             ,
             and
             specifyed
             in
             particular
             vnder
             the
             words
             
               Lana
               Agnis
            
             ,
             question
             is
             moued
             to
             this
             effect
             ,
             There
             be
             in
             one
             Familie
             diuers
             persons
             hauing
             to
             the
             number
             of
             
               3
               ,
               5
               ,
               6
               ,
               8
               ,
            
             or
             10
             Lambs
             or
             fleeces
             of
             woll
             more
             or
             lesse
             ,
             their
             sheepe
             be
             depastured
             and
             so
             be
             reputed
             part
             and
             parcell
             of
             the
             flocks
             wherein
             they
             walke
             ,
             couch
             ,
             and
             do
             feed
             :
             The
             question
             is
             of
             their
             Tythes
             ,
             whether
             they
             be
             tythable
             with
             the
             flocks
             ,
             or
             in
             their
             seuerall
             parcels
             ?
             It
             is
             
             answered
             ,
             In
             their
             seuerall
             parcels
             ,
             and
             the
             reason
             is
             ,
             
               Animalia
               quae
               gregibus
               alienis
               admixta
               sunt
               ,
               remanent
               eorum
               propria
               non
               quorum
               sunt
               greges
               ,
               sed
               quorum
               sunt
               animalia
               :
               i.
            
             Beasts
             intermingled
             with
             other
             mens
             flocks
             ,
             doe
             remaine
             notwithstanding
             proper
             and
             peculiar
             vnto
             those
             ,
             not
             whose
             be
             the
             flocks
             ,
             but
             whose
             be
             the
             beasts
             z
             .
             Howbeit
             in
             Countries
             where
             persons
             such
             as
             Sons
             ,
             &
             Daughters
             ,
             in
             their
             Fathers
             power
             ,
             gouernement
             ,
             maintenance
             ,
             and
             finding
             ,
             shall
             haue
             such
             beasts
             or
             cattle
             intended
             in
             Law
             ,
             and
             counted
             
               in
               bonis
               profectitio
               &
               aduentitio
               ,
               i.
            
             Accruing
             and
             growing
             by
             their
             fathers
             or
             friends
             by
             the
             mother
             side
             ,
             by
             gift
             ,
             procurement
             ,
             or
             otherwise
             ,
             in
             which
             beasts
             their
             fathers
             are
             interessed
             ,
             in
             the
             vse
             and
             fruits
             ,
             the
             bare
             property
             remayning
             to
             the
             Children
             ,
             the
             tythes
             of
             these
             beasts
             shall
             bee
             reckoned
             with
             their
             Fathers
             a
             ,
             and
             not
             in
             their
             seuerall
             parcels
             ,
             and
             the
             reason
             is
             ,
             
               Vt
               ipsarum
               rerum
               quae
               in
               fructu
               sunt
               &
               patri
               adquiruntur
               ,
               pater
               soluat
               decimam
               ,
               &c.
               i.
            
             Of
             things
             in
             increase
             and
             procured
             to
             the
             father
             ,
             so
             shall
             the
             father
             be
             answerable
             for
             the
             tyth
             b
             ,
             the
             property
             notwithstanding
             reserued
             to
             him
             or
             her
             to
             whom
             it
             belongeth
             ,
             his
             son
             or
             daughter
             .
             But
             for
             that
             
               Patria
               potestas
               ,
               i.
            
             That
             legall
             power
             and
             prerogatiue
             of
             Fathers
             is
             not
             in
             vse
             ,
             neither
             yet
             Profectitium
             nor
             
               Adventitium
               peculium
            
             are
             knowne
             in
             England
             ,
             the
             beasts
             of
             Sonnes
             and
             Daughters
             here
             mentioned
             
             (
             in
             respect
             of
             their
             tyth
             )
             shall
             not
             be
             reckoned
             with
             their
             fathers
             cattle
             ,
             but
             as
             the
             cattle
             of
             other
             strangers
             :
             and
             what
             is
             giuen
             by
             the
             Father
             to
             the
             Sonne
             or
             to
             the
             Daughter
             ,
             is
             their
             〈◊〉
             ,
             except
             the
             Father
             by
             expresse
             words
             shall
             reterne
             the
             fruits
             of
             such
             cattle
             so
             giuen
             ,
             to
             himselfe
             .
          
           
             2
             Where
             such
             cattle
             be
             remoued
             from
             Parish
             to
             Parish
             ,
             and
             question
             be
             made
             what
             proportion
             of
             the
             tythes
             is
             due
             to
             each
             Parish
             ,
             the
             custome
             of
             the
             place
             must
             be
             obserued
             :
             otherwise
             the
             law
             is
             ,
             
               viz.
               Quaelibet
               Ecclesia
               pro
               rata
               temporis
               portione
               decimas
               percipiet
               ,
               i.
            
             Euery
             Church
             shall
             receiue
             it
             tythes
             by
             rate
             and
             proportion
             of
             time
             :
             but
             the
             question
             is
             ,
             of
             what
             space
             this
             rate
             and
             proportion
             is
             meant
             ?
             It
             is
             answered
             ,
             of
             xxx
             .
             dayes
             ,
             and
             so
             to
             be
             rated
             by
             Thirties
             from
             Thirty
             to
             Thirty
             ,
             
               Minori
               triginta
               dierum
               spatio
               in
               rata
               temporis
               minimè
               computando
               ,
               i.
            
             Under
             or
             lesse
             then
             the
             space
             of
             xxx
             .
             dayes
             not
             to
             be
             counted
             in
             rate
             and
             proportion
             of
             time
             c
             :
             for
             example
             ,
             The
             Parishioner
             hath
             Forty
             Sheeps
             which
             yeeld
             him
             at
             shearing
             day
             Fourescore
             Pounds
             of
             Wooll
             :
             that
             Church
             is
             interessed
             intyrely
             in
             the
             Tyth
             in
             whose
             Parish
             the
             whole
             yeere
             they
             couched
             and
             depastured
             :
             that
             Church
             in
             the
             halfe
             ,
             that
             is
             ,
             in
             the
             tyth
             of
             Forty
             pounds
             where
             the
             halfe
             years
             they
             couched
             and
             depastured
             :
             that
             Church
             in
             Twenty
             pounds
             where
             they
             couched
             three
             months
             and
             depastured
             :
             and
             so
             ratably
             
             foure
             months
             ,
             fiue
             months
             ,
             more
             or
             lesse
             accordingly
             :
             and
             that
             Church
             in
             whose
             Parish
             they
             couched
             and
             depastured
             but
             One
             Month
             ,
             that
             is
             xxx
             .
             dayes
             ,
             but
             in
             the
             tyth
             of
             the
             Twelfth
             part
             thereof
             ,
             that
             is
             ,
             of
             the
             whole
             Fourescore
             pounds
             ,
             but
             the
             Tenth
             of
             Sixe
             Pounds
             and
             a
             halfe
             ,
             and
             vnder
             thirty
             dayes
             as
             afore
             is
             sayd
             ,
             no
             allowance
             at
             all
             d
             .
             But
             note
             ,
             if
             the
             whole
             time
             they
             couch
             in
             one
             Parish
             ,
             and
             depasture
             in
             another
             ,
             the
             Tyth
             shall
             be
             diuided
             e
             .
          
           
             3
             If
             peraduenture
             they
             come
             from
             a
             strange
             and
             vnknowne
             place
             to
             any
             Parish
             to
             bee
             clipped
             or
             shorne
             ,
             there
             the
             tyth
             must
             bee
             payd
             ,
             except
             it
             may
             appeare
             the
             same
             to
             be
             satisfied
             to
             the
             Church
             whence
             they
             came
             f
             .
          
        
         
           
           
             
               The
               Sixt
               Question
               .
            
             
               
                 Decima
                 De
                 Agnis
                 ,
              
               
                 i.
                 Of
                 Lambs
                 .
              
               
                 Decima
                 De
                 Vitulis
                 ,
              
               
                 i.
                 Of
                 Calues
                 .
              
               
                 Decima
                 De
                 Porcellis
                 ,
              
               
                 i.
                 Of
                 Pigges
                 .
              
               
                 Decima
                 De
                 Pullis
                 ,
              
               
                 i.
                 Of
                 Colts
                 .
              
            
             
               1
               Whether
               the
               Parson
               may
               expect
               his
               Lambe
               (
               the
               next
               yeare
               following
               )
               if
               the
               parishioners
               number
               in
               any
               one
               yeere
               amounteth
               not
               to
               ten
               ?
               And
               what
               ,
               if
               he
               sayleth
               then
               ?
            
             
               2
               When
               Yeawes
               be
               remoued
               ,
               and
               other
               such
               cattell
               and
               beasts
               from
               one
               parish
               to
               another
               ,
               how
               the
               severall
               Churches
               be
               interessed
               in
               the
               Tyth
               of
               their
               Lambs
               ,
               and
               such
               other
               increase
               .
            
             
               3
               Of
               Lambe
               ,
               calfe
               ,
               Kid
               ,
               colt
               ,
               pigge
               ,
               &c.
               and
               when
               is
               their
               tythable
               time
               ?
            
          
           
             The
             Sixt
             Question
             .
          
           
             
             1FOr
             Tythes
             in
             profitable
             beasts
             ,
             the
             Parson
             may
             expect
             the
             fall
             of
             the
             Tenth
             the
             next
             yeare
             following
             ,
             if
             the
             number
             in
             any
             one
             year
             amounteth
             not
             to
             Ten
             ,
             according
             to
             the
             text
             of
             the
             constitution
             g
             ,
             
               viz.
               Vel
               expecter
               rector
               vsque
               ad
               alium
               annum
               donec
               plenariè
               decimum
               agnum
               possit
               recipere
               ,
               si
               maluerit
               :
               i.
            
             Or
             let
             the
             Parson
             (
             if
             so
             he
             had
             rather
             
             to
             doe
             )
             expect
             another
             yeare
             ,
             till
             hee
             may
             fully
             receiue
             his
             tenth
             Lambe
             .
             Now
             it
             falleth
             out
             the
             Parson
             vseth
             his
             liberty
             ,
             and
             refuseth
             his
             Lambe
             at
             seauen
             ,
             and
             his
             halfe
             pence
             at
             Six
             ,
             and
             the
             Parishioner
             the
             yeare
             following
             hath
             neuer
             a
             Lamb
             at
             all
             :
             The
             question
             is
             ,
             how
             the
             tyth
             shall
             be
             satisfyed
             :
             It
             is
             answered
             ,
             (
             in
             this
             case
             )
             The
             Parson
             hath
             no
             remedy
             in
             law
             ,
             and
             the
             reason
             is
             ,
             
               à
               principio
               malè
               eligendo
               fuit
               in
               culpa
               ,
               ergo
               in
               hoc
               sibi
               imputetur
               ,
               i.
            
             De
             made
             his
             choyce
             but
             ill
             at
             the
             first
             ,
             which
             was
             his
             owne
             default
             ,
             and
             therefore
             he
             must
             blame
             himselfe
             h
             .
             Yet
             Lyndwood
             affirmeth
             in
             this
             case
             ,
             That
             in
             regard
             of
             the
             Church
             ,
             in
             respect
             whereof
             tythes
             ought
             not
             to
             be
             lost
             ,
             and
             in
             regard
             of
             the
             party
             himselfe
             ,
             the
             owner
             of
             the
             fruits
             ,
             who
             without
             sinne
             cannot
             detayne
             by
             any
             colour
             the
             rights
             from
             the
             Church
             ,
             though
             the
             Parson
             (
             for
             his
             owne
             sake
             )
             cannot
             relieue
             himselfe
             
               Iure
               actionis
               ,
               i.
            
             By
             right
             of
             action
             :
             yet
             for
             the
             Churches
             sake
             
               Officium
               Iudicis
               ,
               i.
            
             The
             Iudge
             his
             office
             may
             be
             desired
             i
             .
          
           
             2
             Yeawes
             bee
             sometimes
             remooued
             from
             grounds
             to
             grounds
             ,
             from
             parish
             to
             parish
             ,
             the
             question
             is
             ,
             (
             in
             this
             case
             )
             of
             the
             right
             of
             their
             tythes
             :
             It
             is
             thus
             answered
             by
             the
             text
             law
             k
             .
             viz.
             The
             tyth
             of
             Lamb
             is
             payable
             in
             manner
             and
             forme
             as
             be
             the
             tyths
             of
             Calues
             and
             colts
             and
             such
             other
             like
             tythable
             increase
             ,
             mentioned
             to
             bee
             Pigge
             ,
             Kid
             ,
             &c.
             of
             which
             the
             Law
             determineth
             thus
             ,
             
               viz.
               Habita
               ratione
               ad
               loca
               
               diuersa
               vbi
               gignuntur
               ,
               oriuntur
               ,
               &
               nutriuntur
               ,
               &
               ad
               moram
               quam
               traxerint
               in
               eisdem
               particulariter
               decimentur
               ,
               i.
            
             They
             bee
             tythable
             by
             rate
             and
             proportion
             (
             particularly
             )
             to
             the
             seuerall
             Churches
             in
             whose
             parishes
             they
             were
             ingendred
             ,
             brought
             forth
             ,
             and
             nourished
             l
             :
             for
             example
             ,
             The
             Yeaw
             goeth
             fiue
             months
             with
             her
             Lambe
             ,
             they
             put
             them
             together
             the
             Male
             and
             Female
             the
             last
             of
             September
             ,
             where
             they
             coupled
             they
             remayne
             one
             month
             :
             they
             bee
             remoued
             to
             a
             second
             parish
             ,
             to
             a
             third
             ,
             to
             fourth
             ,
             and
             to
             a
             fift
             ,
             where
             they
             be
             depastured
             seuerall
             Months
             :
             in
             this
             case
             
               Vnusquisque
               pro
               tempore
               suo
               :
               i.
            
             Euery
             Parson
             for
             his
             time
             m
             ,
             that
             is
             (
             the
             seuerall
             times
             and
             places
             considered
             )
             the
             seuerall
             Churches
             in
             the
             tythes
             haue
             seuerall
             rights
             accordingly
             n
             .
          
           
             3
             And
             touching
             the
             question
             of
             their
             tythable
             time
             ,
             it
             is
             answered
             thus
             ,
             
               Faetus
               ablactatus
               esse
               debet
               antequàm
               prestetur
               ,
               i.
            
             They
             must
             be
             weaned
             ,
             weanable
             ,
             or
             of
             strength
             to
             liue
             without
             the
             damme
             o
             ,
             except
             custome
             hath
             obserued
             therin
             a
             time
             certaine
             ,
             the
             which
             where
             so
             it
             is
             ,
             there
             it
             must
             be
             continued
             .
             Looke
             custome
             the
             6.
             
          
        
         
           
           
             
               The
               Seuenth
               Question
               .
            
             
               
                 Decima
                 De
                 Lacte
                 ,
              
               
                 i.
                 Of
                 Milke
                 .
              
               
                 Decima
                 De
                 Caseo
                 ,
              
               
                 i.
                 Of
                 Cheese
                 .
              
            
             
               1
               Milke
               and
               Cheese
               how
               ?
               and
               when
               they
               be
               tythable
               ?
            
             
               2
               If
               Cattell
               feed
               in
               one
               Parish
               and
               couch
               in
               another
               ,
               how
               the
               profits
               be
               tythed
               ?
            
             
               3
               Where
               Cheese
               is
               tythable
               ,
               and
               the
               number
               of
               Cattell
               so
               small
               that
               none
               can
               bee
               made
               ;
               how
               the
               tyth
               shall
               bee
               answered
               for
               their
               small
               proportion
               ?
            
             
               4
               Where
               Milke
               of
               sheep
               is
               tythed
               in
               kind
               ,
               how
               they
               be
               tithable
               (
               for
               their
               pasture
               )
               in
               the
               VVinter
               when
               they
               doe
               yeeld
               no
               such
               profit
               ?
            
          
           
             The
             Seventh
             Question
             .
          
           
             
             1MIlke
             and
             Cheese
             ,
             viz.
             of
             Kine
             ,
             of
             Sheep
             ,
             or
             of
             Goats
             ,
             they
             be
             reckoned
             as
             
               In
               pecudum
               fructu
               ,
               i.
            
             In
             the
             increase
             of
             such
             cattell
             p
             ,
             as
             also
             be
             
               Lana
               &
               faetus
               ,
               i.
            
             Wooll
             ,
             Calfe
             ,
             Kid
             ,
             &
             Lamb
             ,
             whereof
             mention
             is
             made
             in
             the
             fift
             and
             sixt
             questions
             before
             :
             and
             touching
             question
             herein
             to
             be
             made
             ,
             suppose
             of
             the
             milke
             when
             it
             is
             perceiued
             &
             taken
             ,
             of
             the
             ix
             .
             parts
             thereof
             (
             when
             the
             tenth
             is
             deducted
             )
             there
             be
             made
             x.
             cheeses
             it
             is
             answered
             ,
             in
             this
             case
             ,
             The
             cheeses
             are
             
             not
             to
             be
             tythed
             q
             :
             for
             cheese
             is
             not
             tythable
             but
             where
             milke
             is
             not
             tythed
             :
             and
             so
             of
             the
             other
             :
             briefly
             ,
             they
             be
             tythable
             either
             of
             them
             
               tempore
               suo
               ,
               i.
            
             In
             their
             seasons
             r
             ,
             and
             so
             long
             ,
             and
             so
             soone
             ,
             as
             either
             Milke
             or
             Cheese
             shall
             be
             perceiued
             and
             taken
             (
             in
             their
             kinde
             )
             by
             the
             Parishioner
             :
             there
             can
             be
             no
             custome
             of
             intermission
             to
             the
             contrary
             .
             Looke
             Custome
             ,
             the
             3.
             
             And
             what
             the
             Law
             of
             custome
             may
             bee
             in
             this
             case
             ,
             followeth
             here
             the
             3.
             
          
           
             2
             Sometime
             these
             cattell
             be
             depastured
             in
             one
             Parish
             ,
             and
             couch
             in
             another
             ,
             in
             this
             case
             it
             may
             be
             demanded
             ,
             What
             the
             Law
             determineth
             of
             the
             tyth
             ?
             It
             is
             answered
             in
             the
             text
             Law
             ,
             
               viz.
               Quod
               inter
               Rectores
               dividatur
               ,
               i.
            
             In
             this
             case
             the
             Parsons
             shall
             diuide
             s
             .
          
           
             3
             Question
             also
             herein
             is
             moued
             further
             in
             Law
             t
             ,
             where
             such
             tythes
             be
             payable
             in
             kind
             ,
             and
             the
             number
             of
             cattell
             so
             small
             as
             Lyndwood
             supposeth
             u
             of
             some
             one
             or
             other
             Parishioners
             ,
             which
             haue
             but
             onely
             three
             ,
             two
             ,
             or
             peraduenture
             but
             one
             only
             Cow
             ,
             and
             those
             ,
             or
             that
             to
             bee
             milked
             but
             
               alternis
               diebus
               ,
               i.
            
             But
             eath
             other
             day
             ,
             by
             reason
             whereof
             the
             Parishioner
             can
             make
             no
             cheese
             at
             all
             :
             what
             is
             the
             Churches
             right
             in
             this
             case
             ?
             It
             is
             answered
             in
             the
             text
             Law
             x
             ,
             
               viz.
               Consuetudini
               locorum
               duximus
               relinquendum
               ,
               i.
            
             The
             custome
             of
             the
             place
             must
             be
             obserued
             :
             prouided
             the
             Custome
             be
             ,
             that
             
               Certum
               quid
               soluatur
               ,
               i.
            
             That
             somewhat
             be
             payd
             in
             consideration
             and
             liew
             y
             
             for
             custome
             herein
             (
             as
             in
             all
             other
             cases
             of
             tything
             )
             cannot
             exclude
             
               solutionem
               decimae
               ,
               i.
            
             It
             cannot
             intirely
             take
             away
             the
             payment
             of
             the
             tythes
             of
             such
             profits
             as
             arise
             ,
             as
             may
             appeare
             in
             custome
             the
             3.
             
             Only
             it
             may
             limit
             
               Solutionem
               decimae
               ,
               i.
            
             Custome
             may
             moderate
             the
             payment
             of
             Tythes
             .
             Looke
             custome
             the
             4
             ,
             Hither
             (
             by
             a
             Constitution
             prouinciall
             of
             England
             )
             also
             be
             referred
             Calfe
             ,
             Colt
             ,
             Pigge
             and
             such
             like
             ,
             that
             is
             ,
             when
             their
             number
             is
             so
             small
             that
             they
             cannot
             bee
             tythed
             :
             it
             is
             the
             Chapter
             
               Quoniam
               vt
               audiuimus
            
             ,
             and
             Paragraph
             
               Quid
               verò
            
             ,
             which
             Constitution
             Lyndwood
             affirmeth
             vpon
             the
             same
             Paragraph
             ,
             that
             it
             extendeth
             not
             to
             Wooll
             and
             Lamb
             ,
             but
             citeth
             there
             another
             expresse
             and
             peculiar
             ordinance
             for
             the
             same
             ,
             viz.
             If
             the
             Parishioner
             shall
             haue
             sixe
             Lambes
             or
             vnder
             ,
             he
             shall
             yeeld
             for
             his
             Tyth
             for
             euery
             Lambe
             a
             halfe-peny
             :
             if
             seauen
             Lambs
             ,
             he
             shall
             yeeld
             a
             Lambe
             for
             his
             tyth
             ,
             and
             receiue
             three
             halfe-pence
             :
             if
             eight
             ,
             a
             peny
             :
             if
             nine
             ,
             the
             Parishioner
             (
             only
             )
             receiueth
             a
             halfe-peny
             of
             the
             Parson
             ,
             or
             the
             Parson
             may
             expect
             ,
             according
             to
             the
             sixt
             question
             before
             .
             
               Et
               ita
               intelligendum
               est
               de
               decima
               Lanae
               ,
               i.
            
             The
             same
             ordinance
             and
             prouinciall
             constitution
             is
             had
             of
             Wooll
             .
             It
             is
             the
             Chapter
             
               Quoniam
               propter
            
             ,
             and
             Paragraph
             
               De
               nutrimentis
            
             ,
             in
             the
             title
             of
             Tythes
             .
          
           
             
               4
               Post
               Festum
               ,
               &c
               ,
               i.
            
             after
             the
             Feast
             of
             S.
             Martin
             in
             winter
             ,
             sheep
             be
             eftsoones
             remoued
             
             from
             parish
             to
             parish
             ,
             or
             else
             they
             doe
             continue
             in
             one
             and
             the
             same
             parish
             from
             that
             feast
             till
             shearing
             any
             ensuing
             :
             the
             question
             is
             ,
             of
             their
             tythes
             ?
             It
             is
             answered
             ,
             they
             be
             tythable
             thus
             ,
             
               viz.
               Habita
               ratione
               ad
               numerum
               ovium
               Pascua
               estimentur
               ,
               i.
            
             The
             pasture
             in
             this
             case
             must
             bee
             considered
             (
             for
             want
             of
             their
             milke
             in
             this
             season
             )
             by
             the
             head
             or
             number
             of
             the
             Sheep
             that
             depastured
             in
             them
             z
             ,
             and
             so
             shall
             the
             tyth
             bee
             rated
             and
             yeelded
             a
             :
             by
             rate
             and
             proportion
             of
             time
             (
             by
             the
             month
             b
             )
             as
             Lyndwood
             inferreth
             ,
             and
             as
             it
             is
             said
             of
             thirty
             daies
             ,
             and
             by
             thirties
             and
             so
             from
             thirty
             to
             thirty
             ,
             as
             in
             the
             first
             question
             before
             of
             Wooll
             .
          
        
         
           
             
               The
               Eight
               Question
               .
            
             
               
                 Decima
                 De
                 
                   Fructibus
                   arborum
                
                 ,
              
               
                 i.
                 Of
                 Fruites
                 of
                 Trees
                 .
              
            
             
               1
               Of
               Apples
               and
               other
               such
               fruits
               of
               trees
               ,
               what
               of
               their
               tythable
               time
               ?
            
          
           
             The
             Eight
             Question
             .
          
           
             
             1FRuits
             of
             trees
             ,
             viz.
             Apples
             ,
             pears
             ,
             Wardens
             ,
             &c.
             the
             question
             is
             of
             their
             tythable
             time
             :
             it
             is
             answeswered
             ,
             
               Statim
               fructibus
               collectis
               ,
               i.
            
             So
             ●oa●e
             and
             immediatly
             when
             the
             fruites
             
             shall
             be
             gathered
             c
             ,
             and
             the
             reason
             is
             ,
             
               Quià
               minùs
               soluit
               ,
               qui
               tardiùs
               so
               luit
               ,
               i.
            
             Hee
             diminisheth
             his
             duty
             that
             delayeth
             the
             time
             d
             :
             if
             therefore
             the
             Parishioner
             shall
             gather
             his
             fruits
             ,
             and
             neither
             pay
             the
             Tythes
             presently
             ,
             nor
             monish
             the
             parson
             to
             receiue
             them
             ,
             but
             subtract
             them
             ,
             or
             that
             (
             otherwise
             )
             they
             bee
             impayred
             or
             lost
             ,
             tenebitur
             ,
             saith
             the
             Law
             ;
             that
             is
             ,
             The
             Parishioner
             is
             bounden
             e
             :
             to
             what
             satisfaction
             looke
             the
             Statute
             
               2.
               
               Ed.
               6.13
            
             .
             for
             fruits
             be
             Tythable
             ,
             and
             prediall
             f
             .
          
        
         
           
           
             
               The
               Ninth
               Question
               .
            
             
               
                 Decima
                 De
                 Seminibus
                 ,
              
               
                 i.
                 Of
                 seeds
                 :
                 Hempe
                 ,
                 Flax
                 ,
                 Onions
                 ,
                 Rape
                 ,
                 and
                 such
                 like
                 .
              
               
                 Decima
                 De
                 Herbis
                 ,
              
               
                 i.
                 Of
                 Pot-hearbs
                 .
              
               
                 Decima
                 De
                 Curtilagijs
                 ,
              
               
                 i.
                 Of
                 places
                 adioining
                 to
                 mansion
                 houses
                 ,
                 applied
                 to
                 seeds
                 and
                 hearbs
                 .
              
            
             
               1
               Of
               Seeds
               and
               Hearbes
               what
               manner
               of
               tythes
               they
               be
               ?
            
          
           
             The
             Nynth
             Question
             .
          
           
             
             1SEeds
             and
             hearbs
             ,
             viz.
             of
             Flaxe
             ,
             Millet
             ,
             Hempe
             ,
             Leeke
             ,
             Onion
             ,
             Rape
             ,
             Percely
             ,
             Sage
             ,
             Mint
             ,
             Rue
             ,
             &c.
             comprehended
             vnder
             the
             works
             
               Seminibus
               ,
               Herbis
               ,
               Curtilagijs
            
             ,
             they
             be
             Tythable
             g
             ,
             as
             they
             be
             perceiued
             and
             taken
             in
             Gardens
             ,
             or
             in
             the
             fields
             ,
             either
             of
             the
             seed
             ,
             or
             of
             the
             hearb
             before
             the
             seeding
             time
             h
             ,
             
               Nisi
               parochiani
               competentem
               fecerint
               redemptionem
               ,
               i.
            
             Except
             the
             parishioners
             sufficiently
             shall
             redeeme
             or
             compound
             for
             the
             same
             i
             :
             these
             be
             
               Minutae
               decimae
               ,
               i.
            
             Smal
             tiths
             according
             to
             the
             Euangelist
             k
             ,
             
               vz.
               Ye
               tyth
               mint
               and
               Rue
               ,
               &c.
            
             and
             therefore
             in
             them
             no
             great
             question
             to
             be
             made
             .
          
        
         
           
             
             
               The
               Tenth
               Question
               .
            
             
               
                 Decima
                 De
                 
                   Pannagijs
                   siluarum
                
                 ,
              
               
                 i.
                 Of
                 mast
                 ,
                 of
                 Beech
                 ,
                 or
                 Oke
                 ,
                 or
                 such
                 like
                 .
              
            
             
               1
               Of
               Mast
               ,
               what
               ,
               when
               it
               is
               given
               ?
               and
               what
               ,
               when
               it
               is
               sold
               ?
            
          
           
             The
             Tenth
             Question
             .
          
           
             
             1BY
             the
             Chapter
             
               Sancta
               Ecclesia
            
             ,
             in
             the
             prouinciall
             Constitutions
             of
             England
             ,
             and
             tytle
             of
             Tythes
             ,
             the
             tyth
             of
             Mast
             and
             other
             such
             wood
             and
             wild
             fruits
             ,
             be
             payable
             ,
             
               viz.
               Si
               vendantur
               ,
               i.
            
             If
             they
             bee
             sold
             l
             :
             that
             is
             ,
             (
             as
             the
             glosse
             inferreth
             )
             of
             the
             tenth
             peny
             ,
             if
             they
             bee
             sold
             ;
             otherwise
             ,
             that
             is
             ,
             if
             Swine
             franckely
             and
             freely
             receiued
             and
             fed
             ,
             without
             consideration
             of
             charges
             to
             the
             owner
             ,
             in
             this
             case
             ,
             
               Transeunt
               fructus
               cum
               onere
               ,
               i.
            
             The
             fruits
             do
             passe
             with
             their
             charges
             m
             ,
             viz.
             with
             the
             burthen
             of
             Tythes
             .
          
        
         
           
           
             
               The
               Eleuenth
               Question
               .
            
             
               
                 Decima
                 De
                 Molendinis
                 ,
              
               
                 i.
                 Of
                 Mils
                 ,
                 forced
                 by
                 wind
                 ,
                 water
                 ,
                 &c.
                 
              
               
                 Decima
                 De
                 Vivarijs
                 ,
              
               
                 i.
                 Of
                 Parkes
                 ,
                 Warrens
                 ,
                 pooles
                 ,
                 ponds
                 ,
                 &c.
                 
              
               
                 Decima
                 De
                 
                   Bestijs
                   guarenarum
                
                 ,
              
               
                 i.
                 Of
                 wild
                 beasts
                 vnder
                 custody
                 &c.
                 
              
               
                 Decima
                 De
                 Columbarijs
                 ,
              
               
                 i.
                 Of
                 Doue-cotes
                 ,
                 or
                 houses
                 .
              
               
                 Decima
                 De
                 Apibus
                 ,
              
               
                 i.
                 Of
                 Bees
                 .
              
            
             
               1
               What
               manner
               of
               tithes
               they
               bee
               ?
               And
               how
               they
               be
               tithable
               ?
            
          
           
             The
             Eleventh
             Question
             .
          
           
             1
             QUestion
             hath
             beene
             moued
             of
             the
             tyths
             of
             Mils
             ,
             Parks
             ,
             Ponds
             ,
             Warrens
             ,
             Doue-houses
             ,
             and
             Bees
             ,
             to
             this
             effect
             ,
             viz.
             Whether
             they
             bee
             prediall
             ,
             or
             personall
             ?
             it
             is
             answered
             ,
             They
             bee
             prediall
             ,
             and
             tythable
             without
             deduction
             of
             charges
             n
             ,
             for
             the
             reason
             alleaged
             in
             the
             fourth
             Question
             before
             .
             And
             they
             bee
             tythable
             thus
             ;
             that
             is
             to
             say
             ,
             not
             the
             Tenth
             of
             the
             rent
             for
             milles
             (
             as
             they
             tearme
             it
             )
             the
             tenth
             peny
             ,
             nor
             for
             Bees
             ,
             the
             Tenth
             Bee
             ,
             or
             Swarme
             ,
             or
             Diue
             ,
             but
             
               De
               prouentibus
               molendinorum
               ,
               i.
            
             The
             tenth
             measure
             of
             Corne
             for
             Billes
             o
             ,
             and
             so
             
             for
             Bees
             ,
             the
             tenth
             measure
             of
             Hony
             ,
             the
             tenth
             waight
             of
             waxe
             ,
             briefly
             ,
             
               De
               cera
               &
               melle
               ,
               i.
            
             Of
             Honie
             ,
             and
             ware
             p
             .
             And
             the
             law
             and
             reason
             is
             of
             these
             tyths
             ,
             especially
             of
             Milles
             ,
             as
             of
             other
             prediall
             tythes
             ,
             whereof
             (
             for
             example
             )
             it
             is
             sayd
             ,
             
               Transit
               herba
               pasta
               cum
               onere
               suo
               ad
               dominum
               bestiarum
               ,
               i.
            
             Where
             grounds
             or
             pastures
             be
             demised
             ,
             or
             their
             Herbages
             sold
             ,
             the
             owner
             of
             the
             beasts
             is
             chargeable
             with
             the
             tyth
             q
             .
             Especially
             for
             the
             practise
             of
             England
             ,
             looke
             what
             is
             sayd
             in
             the
             Third
             Question
             before
             .
             Hither
             be
             referred
             Parks
             ,
             Ponds
             ,
             Douehouses
             ,
             &c.
             for
             
               Fructus
               transit
               cum
               onere
               suo
               ,
               i.
            
             Fruits
             be
             lyable
             to
             their
             charges
             .
             Look
             in
             the
             Second
             Question
             before
             ,
             2.
             
          
        
         
           
             
               The
               Twelfth
               Question
               .
            
             
               
                 Decima
                 De
                 Aucupijs
                 ,
              
               
                 i.
                 Of
                 Fowlings
                 .
              
               
                 Decima
                 De
                 Venationibus
                 ,
              
               
                 i.
                 Of
                 Huntings
                 .
              
               
                 Decima
                 De
                 Piscationibus
                 ,
              
               
                 i.
                 Of
                 Fishings
                 .
              
            
             
               1
               Beasts
               ,
               Fishes
               ,
               Fowles
               ,
               how
               (
               diversly
               )
               they
               be
               tythed
               ,
               (
               diversly
               )
               considered
               .
            
          
           
             The
             Twelfth
             Question
             .
          
           
             1
             THe
             profits
             that
             be
             mentioned
             and
             contained
             vnder
             the
             words
             
               Aucupiis
               ,
               Venationibus
               ,
               Piscationibus
               ,
               i.
            
             Of
             fowlings
             ,
             Huntings
             ,
             fishings
             ,
             question
             hath
             been
             moued
             of
             the
             tythes
             of
             the
             
             same
             ,
             viz.
             The
             Parishioners
             of
             A.
             one
             of
             them
             fowleth
             ,
             another
             hunteth
             ,
             the
             third
             fisheth
             ,
             in
             the
             fields
             ,
             grounds
             ,
             and
             Riuers
             of
             B
             ,
             the
             question
             is
             of
             the
             tythes
             ,
             of
             their
             aduantages
             taken
             ,
             and
             which
             of
             the
             Churches
             bee
             interessed
             in
             the
             same
             ,
             vz.
             whether
             the
             Church
             of
             A
             ,
             where
             the
             parishioners
             inhabite
             ,
             or
             the
             Church
             of
             B
             ,
             where
             the
             profits
             were
             taken
             :
             '
             It
             is
             thus
             answered
             ,
             vz.
             If
             the
             Parishioner
             had
             of
             the
             owners
             of
             the
             places
             francke
             and
             free
             liberty
             to
             fowle
             ,
             hunt
             ,
             and
             fish
             ,
             the
             Church
             of
             A.
             that
             is
             ,
             their
             owne
             parish
             Church
             shall
             bee
             intirely
             interessed
             in
             them
             ,
             as
             in
             personall
             tythes
             r
             :
             but
             if
             any
             consideration
             be
             required
             ,
             either
             in
             money
             or
             in
             part
             of
             their
             gayne
             ,
             that
             profit
             onely
             receiued
             by
             the
             owner
             ,
             is
             prediall
             and
             tythable
             to
             the
             Church
             of
             B.
             that
             is
             to
             say
             ,
             in
             that
             parish
             where
             the
             fields
             ,
             grounds
             ,
             and
             Riuers
             do
             lye
             s
             .
             
               De
               caeteris
               verò
               ,
               i.
            
             Of
             the
             residue
             ,
             that
             is
             to
             say
             ,
             of
             the
             cleere
             gayne
             of
             these
             Beasts
             ,
             fishes
             ,
             and
             fowles
             ,
             all
             charges
             and
             expences
             ,
             in
             ,
             about
             ,
             belonging
             ,
             and
             concerning
             these
             profits
             taken
             ,
             deducted
             t
             ,
             the
             Parishioners
             that
             tooke
             them
             be
             chargeable
             withall
             to
             their
             parish
             Church
             of
             A
             u
             ,
             mentioned
             before
             :
             and
             the
             reason
             is
             ,
             the
             fowles
             ,
             Beasts
             ,
             and
             Fishes
             be
             taken
             
               artificio
               ,
               ministerio
               ,
               &
               opere
               hominis
               ,
               i.
            
             By
             the
             art
             onely
             ,
             labour
             ,
             and
             industry
             of
             man
             ,
             from
             whence
             proceedeth
             personall
             tythes
             x
             ,
             payable
             onely
             where
             the
             parishioners
             inhabit
             ..
             y
             But
             if
             the
             consideration
             mentioned
             here
             ,
             required
             
             and
             taken
             by
             the
             owners
             ,
             commeth
             not
             by
             art
             ,
             or
             industry
             ,
             but
             
               Ex
               humo
               ,
               i.
            
             By
             way
             only
             ,
             and
             meanes
             of
             the
             ground
             z
             ,
             from
             whence
             do
             arise
             all
             prediall
             Tythes
             a
             :
             payable
             only
             in
             the
             place
             and
             parishes
             within
             whose
             bounds
             and
             limits
             they
             are
             b
             .
             Thus
             they
             bee
             diuers
             ,
             these
             tythes
             ,
             diuersly
             respected
             ,
             that
             is
             to
             say
             ,
             prediall
             or
             personall
             ;
             note
             the
             difference
             .
             Note
             also
             ,
             that
             where
             such
             tythes
             bee
             demanded
             ,
             it
             is
             where
             such
             art
             ,
             industry
             ,
             and
             trauell
             is
             answered
             and
             rewarded
             ,
             not
             with
             pleasure
             c
             ,
             but
             with
             profit
             d
             .
             Question
             hath
             further
             been
             mooued
             of
             these
             profits
             and
             advantages
             aforesayd
             ,
             to
             this
             effect
             :
             viz.
             The
             parishioners
             mentioned
             of
             N
             ,
             had
             franke
             and
             free
             leaue
             and
             liberty
             to
             hunt
             ,
             fish
             ,
             and
             fowle
             within
             the
             fields
             ,
             grounds
             ,
             medowes
             ,
             riuers
             ,
             and
             running
             streames
             of
             B
             mentioned
             before
             :
             they
             tooke
             ,
             preserued
             ,
             and
             reserued
             aliue
             their
             beasts
             ,
             fowles
             ,
             and
             fishes
             ,
             and
             so
             they
             conuaide
             them
             to
             certain
             their
             owne
             proper
             and
             priuate
             grounds
             ,
             within
             the
             bounds
             ,
             compasse
             ,
             and
             limits
             of
             another
             parish
             ,
             than
             either
             of
             N
             where
             they
             dwell
             ,
             or
             of
             B
             where
             they
             tooke
             them
             :
             they
             include
             them
             (
             there
             )
             these
             beasts
             ,
             fowles
             ,
             and
             fishes
             ,
             and
             compasse
             them
             within
             Parks
             ,
             Warrens
             ,
             ponds
             ,
             pooles
             ,
             Houses
             ,
             such
             as
             bee
             mentioned
             &
             comprehended
             vnder
             the
             words
             
               Vivarijs
               ,
               Columbarijs
            
             ,
             in
             the
             Eleuenth
             question
             before
             .
             Thus
             they
             feed
             and
             nourish
             them
             ,
             and
             they
             breed
             ,
             and
             increase
             in
             their
             kinds
             :
             
             If
             they
             be
             brought
             forth
             and
             so
             be
             taken
             in
             and
             from
             a
             certaine
             and
             knowne
             place
             ,
             they
             be
             prediall
             and
             tythable
             as
             prediall
             tythes
             :
             if
             from
             incertaine
             places
             ,
             they
             be
             personall
             ,
             and
             so
             they
             be
             tythable
             ,
             viz.
             as
             personall
             Tythes
             l
             .
             It
             is
             affirmed
             of
             them
             ,
             as
             of
             beasts
             ,
             fowles
             ,
             fishes
             m
             ,
             in
             the
             question
             last
             before
             .
             Hither
             by
             the
             chapter
             
               Sancta
               Ecclesia
            
             ,
             in
             the
             Prouincials
             of
             England
             ,
             be
             referred
             Geese
             and
             Ducks
             .
          
        
         
           
             
               The
               Fourteenth
               Question
               .
            
             
               
                 Decima
                 De
                 Ouis
                 ,
              
               
                 i.
                 Of
                 Egges
                 .
              
            
             
               1
               Of
               Egges
               ,
               where
               Tythes
               bee
               yeelded
               ,
               whether
               chickens
               be
               tythable
               there
               ?
            
          
           
             The
             Fourteenth
             Question
             .
          
           
             
               1
               DE
               Ovis
               ,
               i.
            
             Of
             Egges
             ,
             it
             hath
             been
             moued
             whether
             they
             bee
             tythable
             in
             such
             places
             where
             tyths
             be
             yeelded
             of
             Chickens
             ?
             By
             the
             written
             law
             it
             may
             be
             answered
             ,
             as
             of
             milke
             &
             Cheese
             in
             the
             Seuenth
             Question
             before
             ,
             the
             1.
             
             Howbeit
             Custome
             in
             this
             case
             preuaileth
             ,
             as
             experience
             sheweth
             in
             some
             parts
             of
             this
             Land
             n
             .
          
        
         
           
           
             
               The
               Fifteenth
               Question
               .
            
             
               
                 Decima
                 De
                 Artificijs
                 ,
              
               
                 i.
                 Of
                 Crafts
                 ,
                 and
                 manuall
                 Occupations
                 .
              
               
                 Decima
                 De
                 Negotiationibus
                 ,
              
               
                 i.
                 Of
                 Trades
                 by
                 wares
                 ,
                 Marchandise
                 ,
                 &c.
                 
              
            
             
               1
               Of
               personall
               Tythes
               ,
               what
               time
               ,
               place
               ,
               and
               persons
               ,
               be
               required
               in
               them
               ,
               and
               of
               whom
               the
               Church
               is
               forbidden
               to
               receiue
               either
               personall
               Tyth
               ,
               or
               Oblation
               ?
            
          
           
             The
             Fifteenth
             Question
             .
          
           
             
             1TRades
             ,
             Crafts
             ,
             and
             Manuall
             Occupations
             ,
             they
             be
             personall
             ,
             and
             of
             the
             profits
             do
             arise
             meere
             personall
             tythes
             :
             touching
             therfore
             first
             their
             Tythable
             place
             ,
             it
             is
             answered
             in
             the
             Twelfe
             question
             before
             .
             Of
             their
             Tythable
             time
             ,
             it
             is
             answered
             
               in
               fine
               anni
               ,
               i.
            
             They
             bee
             payable
             at
             the
             end
             of
             the
             yeare
             o
             ,
             and
             as
             our
             custome
             is
             ,
             at
             Easter
             .
             Of
             persons
             that
             be
             chargable
             with
             these
             personall
             Tythes
             ,
             it
             is
             answered
             of
             such
             persons
             ,
             which
             of
             Custome
             haue
             ,
             or
             of
             right
             ought
             to
             haue
             payde
             their
             personall
             Tythes
             p
             .
             Looke
             the
             Summaries
             of
             the
             Statutes
             ensuing
             .
             There
             are
             of
             these
             personall
             Tythes
             (
             in
             diuers
             cases
             )
             
               Opinionum
               conflictus
               ,
               i.
            
             Diuersities
             of
             opinions
             q
             :
             but
             herein
             they
             agree
             ,
             
               viz.
               Hae
               Decimae
               personales
               ,
               magis
               in
               difficultate
               ,
               &
               subtilitate
               ,
               
               quàm
               vtilitate
               consistunt
               ,
               i.
            
             They
             are
             ,
             these
             personall
             Tythes
             ,
             more
             intricate
             then
             profitable
             r
             :
             onely
             this
             (
             to
             conclude
             )
             must
             bee
             noted
             ,
             that
             is
             to
             say
             ,
             all
             persons
             (
             consideration
             had
             as
             afore
             is
             sayd
             )
             be
             bounden
             to
             offer
             their
             personall
             Tythes
             to
             the
             Church
             ,
             but
             the
             Church
             is
             forbidden
             (
             of
             all
             persons
             )
             to
             receiue
             them
             s
             :
             for
             example
             ,
             The
             Harlot
             ,
             the
             Robber
             ,
             the
             Usurer
             ,
             &c.
             they
             be
             not
             exempted
             ,
             but
             the
             Law
             reiecteth
             them
             ,
             their
             personall
             Tythes
             ,
             and
             Oblations
             :
             
               Non
               inferus
               mercedem
               meretricis
               ,
               &c.
               i.
            
             Thou
             shalt
             not
             bring
             the
             hire
             of
             an
             Whore
             ,
             nor
             the
             price
             of
             a
             Dog
             into
             the
             House
             of
             the
             LORD
             .
             And
             for
             the
             other
             ,
             
               Quaestus
               fit
               ex
               peccato
               ,
               i.
            
             Their
             gaine
             ariseth
             of
             sinne
             :
             the
             Church
             is
             therefore
             forbidden
             to
             receiue
             of
             them
             ,
             
               Nè
               ipsorum
               videatur
               approbare
               turpitudinem
               ,
               i.
            
             Least
             the
             Church
             should
             seeme
             to
             approue
             t
             their
             Iniquities
             u
             .
          
           
             
               Heere
               doe
               end
               the
               Questions
               of
               Tything
               ,
               moved
               (
               in
               times
               past
               )
               and
               answered
               :
            
             and
             which
             be
             new
             vrged
             (
             ordinarily
             )
             and
             decided
             at
             this
             day
             .
          
        
      
       
         
         
           Of
           Composition
           ,
           Transaction
           ,
           Custome
           ,
           Prescription
           ,
           Priuilege
           :
           and
           how
           they
           prevaile
           in
           Tything
           .
        
         
           
             ¶
             Of
             Composition
             .
          
           
             COmposition
             (
             by
             the
             Canon
             laws
             )
             holdeth
             or
             faileth
             diuersly
             respected
             :
             and
             it
             is
             first
             to
             be
             considered
             of
             as
             it
             hath
             beene
             made
             and
             had
             
               inter
               Clericos
               ,
               i.
            
             Betwixt
             Clerks
             themselues
             ;
             and
             then
             it
             hath
             tended
             either
             
               Transferendis
               decimis
               ,
               i.
            
             To
             the
             translating
             of
             Tythes
             from
             one
             Church
             to
             another
             :
             
               Vt
               quae
               vni
               Ecclesiae
               decimae
               debentur
               ,
               alia
               recipiat
               ,
               i.
            
             That
             one
             Church
             receiue
             Tyths
             which
             be
             due
             to
             another
             .
             And
             the
             Composition
             herein
             holdeth
             a
             ,
             and
             the
             reason
             is
             ,
             
               Non
               refert
               quae
               Ecclesia
               decimas
               habeat
               ,
               modo
               Ecclesiae
               persoluantur
               ,
               i.
            
             It
             forceth
             not
             of
             Tythes
             (
             so
             the
             Church
             enioieth
             them
             )
             what
             Church
             receiueth
             them
             b
             .
             Howbeit
             ,
             the
             nature
             and
             kind
             of
             the
             Tythes
             thus
             translated
             ,
             must
             bee
             considered
             ,
             namely
             ,
             whether
             they
             be
             personall
             or
             prediall
             Tythes
             ;
             if
             they
             be
             personall
             ,
             the
             Composition
             
             that
             translated
             them
             holdeth
             not
             ,
             and
             the
             reason
             is
             ,
             
               Ne
               occasio
               tribuatur
               avagandi
               &
               diuina
               extrà
               parochiam
               audiendi
               ,
               i.
            
             Least
             occasion
             should
             be
             giuen
             to
             the
             people
             of
             wandring
             ,
             and
             hearing
             of
             Diuine
             Seruice
             from
             their
             owne
             Parish
             Churches
             c
             .
          
           
             2
             If
             they
             be
             prediall
             ,
             the
             Composition
             holdeth
             ,
             
               Inita
               cum
               authoritate
               Episcopi
               ,
               i.
            
             The
             authority
             and
             approbation
             of
             the
             Bishop
             of
             the
             Diocesse
             thereunto
             had
             ;
             which
             composition
             shall
             bind
             both
             the
             Clerk
             &
             his
             successors
             d
             :
             otherwise
             without
             the
             Bishops
             confirmation
             ,
             it
             shall
             not
             onely
             bind
             the
             Clerks
             that
             yeelded
             therewith
             ,
             and
             not
             touch
             his
             successors
             at
             all
             e
             .
          
           
             3
             Or
             the
             Composition
             hath
             tended
             
               Remittendis
               decimis
               ,
               i.
            
             To
             the
             remitting
             of
             Tithes
             ,
             
               Vt
               tota
               decima
               clerico
               remittatur
            
             ,
             namely
             ,
             That
             to
             a
             Clerke
             Tyths
             should
             be
             intirely
             remitted
             ,
             this
             composition
             holdeth
             not
             f
             ,
             and
             the
             reason
             is
             ,
             
               Decima
               omnino
               tolli
               non
               potest
               ,
               i.
            
             Tyth
             may
             not
             wholly
             be
             taken
             away
             g
             .
          
           
             4
             Secondly
             ,
             composition
             must
             be
             considered
             ,
             as
             it
             hath
             been
             sayd
             
               inter
               Laicos
               ,
               &
               Rectorem
               ,
               i.
            
             Betwixt
             Lay-men
             and
             Clerks
             ,
             which
             composition
             also
             must
             be
             respected
             thus
             ,
             namely
             ,
             whether
             it
             be
             
               De
               praeteritis
               decimis
               ,
               i.
            
             Of
             Tythes
             forepassed
             ,
             or
             
               de
               futuris
               decimis
               ,
               i.
            
             Of
             Tythes
             to
             come
             .
             In
             the
             first
             case
             ,
             this
             composition
             also
             holdeth
             ,
             yea
             though
             it
             be
             
               Gratuita
               ,
               i.
            
             without
             consideration
             or
             allowance
             at
             all
             h
             :
             In
             the
             second
             case
             if
             the
             composition
             be
             ,
             
               Vt
               aliquas
               
               decimas
               non
               soluant
               ,
               i.
            
             That
             tythes
             bee
             not
             payd
             at
             all
             ,
             
               Non
               est
               admittenda
               ,
               i.
            
             Not
             to
             be
             admitted
             i
             .
             If
             the
             composition
             be
             ,
             
               Vt
               integra
               decima
               non
               soluatur
               ,
               i.
            
             That
             tyth
             bee
             not
             wholly
             payd
             ,
             but
             in
             part
             ,
             it
             holdeth
             :
             howbeit
             not
             otherwise
             but
             confirmed
             by
             authority
             supreame
             :
             for
             the
             Bishops
             confirmation
             herein
             sufficeth
             not
             ,
             for
             none
             could
             exempt
             from
             tything
             ,
             nor
             diminish
             the
             quantity
             of
             the
             same
             ,
             but
             the
             Supreame
             power
             k
             ,
             as
             it
             followeth
             in
             Priuilege
             .
          
        
         
           
             Of
             Transaction
             .
          
           
             
             1TRansaction
             and
             Composition
             doe
             differ
             in
             this
             ,
             the
             one
             is
             
               Gratuita
               conuentio
               ,
               i.
            
             A
             voluntary
             ,
             franke
             and
             free
             agreement
             of
             things
             not
             contended
             for
             ,
             which
             is
             said
             to
             be
             composition
             :
             the
             other
             ,
             
               De
               re
               dubia
               &
               lite
               incerta
               (
               aliquo
               dato
               vel
               retento
               )
               pactio
               ,
               i.
            
             A
             forced
             couenant
             or
             agreement
             (
             for
             somewhat
             giuen
             or
             receiued
             )
             of
             things
             litigious
             ,
             incertayne
             ,
             and
             doubtfull
             in
             controuersie
             l
             .
          
           
             2
             It
             must
             be
             considered
             of
             Transaction
             ,
             as
             before
             it
             hath
             been
             sayd
             of
             Composition
             betwixt
             Lay-men
             and
             Clerks
             .
             Looke
             Composition
             4.
             
             Transaction
             (
             if
             it
             be
             of
             Tythes
             forepassed
             )
             holdeth
             ;
             yea
             though
             the
             consideration
             
             had
             ,
             be
             of
             things
             meere
             temporall
             :
             and
             the
             reason
             is
             
               Fructus
               decimarum
               sunt
               temporales
               ,
               i.
            
             The
             profit
             and
             fruits
             of
             tyths
             be
             reputed
             temporall
             m
             .
             Transaction
             ,
             if
             it
             bee
             of
             tythes
             to
             come
             ,
             must
             be
             respected
             according
             to
             the
             time
             and
             terme
             it
             is
             made
             sin
             ,
             namely
             ,
             whether
             it
             be
             made
             
               in
               tempus
               modicum
               ,
               i.
            
             For
             a
             short
             and
             limited
             time
             ,
             or
             
               in
               perpetuum
               ,
               i.
            
             (
             without
             limitation
             )
             for
             euer
             .
             In
             the
             first
             case
             it
             holdeth
             with
             the
             Bishops
             approbation
             and
             authority
             n
             in
             the
             other
             case
             it
             holdeth
             also
             if
             the
             right
             and
             interest
             of
             the
             Church
             be
             doubtfull
             ,
             as
             where
             the
             Parishioner
             pleadeth
             against
             the
             Church
             ,
             Exemption
             or
             Priuilege
             .
             But
             where
             the
             right
             of
             the
             Church
             is
             
               Liquidum
               ,
               i.
            
             Where
             the
             Churches
             right
             is
             cleere
             ,
             Transaction
             holdeth
             not
             ,
             otherwise
             than
             by
             consent
             and
             authority
             supreame
             o
             .
             Transaction
             is
             often
             taken
             for
             Composition
             ,
             and
             one
             for
             another
             p
             .
          
        
         
           
             Of
             Custome
             .
          
           
             
             1CUstome
             by
             the
             Canon
             Lawes
             holdeth
             or
             fayleth
             ,
             diuersly
             respected
             :
             if
             it
             be
             
               De
               transferendis
               decimis
               predialibus
               ,
               i.
            
             Of
             translating
             of
             tyths
             prediall
             (
             as
             afore
             hath
             been
             spoken
             in
             Composition
             )
             it
             holdeth
             q
             .
          
           
             2
             If
             of
             personall
             tythes
             ,
             as
             also
             before
             hath
             been
             sayd
             in
             composition
             ,
             it
             holdeth
             not
             r
             .
          
           
           
             3
             Custome
             
               De
               non
               soluendis
               decimis
               ,
               i.
            
             Of
             not
             yeelding
             of
             Tythes
             at
             all
             ,
             holdeth
             not
             ,
             and
             the
             reason
             is
             :
             
               Iuri
               naturae
               &
               divino
               contraria
               est
               ,
               i.
            
             Such
             a
             custome
             is
             contrary
             both
             to
             the
             Law
             of
             Nature
             ,
             and
             the
             Law
             of
             GOD
             s
             .
          
           
             4
             Custome
             
               De
               minori
               quantitate
               solvenda
               ,
               i.
            
             Of
             yeelding
             lesse
             than
             the
             Tenth
             in
             quantity
             ,
             holdeth
             
               in
               Personalibus
               ,
               i.
            
             In
             personall
             tiths
             only
             after
             the
             opinions
             of
             some
             t
             ,
             but
             of
             others
             in
             prediall
             also
             u
             ;
             and
             practise
             also
             sheweth
             the
             same
             .
          
           
             5
             Custome
             
               De
               loco
               ,
               i.
            
             Of
             place
             where
             Tythes
             ought
             to
             be
             left
             ,
             holdeth
             x
             .
          
           
             6
             Custome
             
               De
               tempore
               ,
               i.
            
             Of
             the
             time
             of
             Tythes
             to
             be
             yeelded
             ,
             holdeth
             y
             .
          
           
             7
             Custome
             
               De
               modo
               ,
               i.
            
             Of
             the
             manner
             and
             forme
             of
             yeelding
             of
             Tythes
             ,
             holdeth
             z
             .
          
        
      
       
         
         
         
           TYTH
           WHAT
           IT
           IS
           ,
           AND
           OF
           how
           many
           sorts
           .
        
         
           TYth
           of
           the
           Latine
           Decima
           ,
           is
           a
           Tenth
           part
           or
           portion
           of
           increase
           ,
           commanded
           vnto
           Moses
           by
           whom
           it
           was
           delivered
           (
           at
           the
           appointment
           of
           GOD
           )
           to
           bee
           payd
           to
           the
           Sonnes
           of
           Leui
           ,
           for
           their
           Ministerie
           wherein
           they
           serued
           in
           the
           Tabernacle
           a
           :
           in
           Law
           defined
           thus
           ;
           viz.
           
             Omnium
             bororum
             licitè
             quaesitorum
             quota
             pars
             Deo
             ,
             diuina
             constitutione
             debita
             ,
          
           i.
           Of
           all
           lawfull
           increase
           and
           gaine
           a
           certaine
           part
           (
           by
           constitution
           divine
           )
           due
           ,
           and
           appertayning
           to
           God
           b
           .
           And
           they
           be
           either
           prediall
           ,
           as
           that
           which
           doth
           arise
           and
           grow
           by
           reason
           and
           vertue
           of
           the
           grounds
           ,
           viz.
           Fruits
           ,
           and
           increase
           of
           Beasts
           ,
           Fishes
           ,
           Fowles
           c
           ,
           &c.
           
           Or
           they
           be
           personall
           ,
           as
           that
           which
           ariseth
           by
           reason
           and
           vertue
           of
           lawfull
           and
           honest
           commoditie
           ,
           so
           recovered
           &
           procured
           by
           art
           ,
           science
           ,
           or
           manuall
           Occupation
           of
           some
           person
           d
           .
           It
           is
           also
           to
           be
           noted
           ,
           that
           tiths
           ,
           some
           of
           them
           comprehended
           vnder
           these
           titles
           ,
           
           Prediall
           and
           Personall
           ,
           be
           called
           by
           the
           name
           of
           mixt
           tythes
           ;
           of
           which
           sort
           be
           such
           as
           do
           rise
           and
           grow
           partly
           by
           the
           grounds
           e
           ,
           and
           partly
           by
           the
           care
           ,
           keeping
           ,
           labour
           and
           industry
           of
           some
           person
           f
           ;
           as
           of
           Cattell
           subiect
           to
           the
           Fox
           ,
           Woolfe
           ,
           and
           such
           devouring
           beasts
           ,
           supposed
           to
           be
           partly
           of
           the
           grounds
           where
           they
           be
           bred
           and
           fed
           g
           ,
           even
           as
           a
           tree
           is
           supposed
           to
           be
           also
           partly
           of
           that
           place
           where
           the
           roots
           do
           grow
           ,
           by
           the
           which
           it
           is
           nourished
           h
           :
           so
           they
           be
           maintained
           by
           the
           grounds
           ,
           but
           defended
           by
           the
           shepheards
           .
           Looke
           more
           of
           mixt
           tythes
           in
           the
           Twelfe
           Question
           .
           Some
           of
           by
           the
           name
           of
           Greater
           Tythes
           ,
           In
           Latine
           
             Maiores
             siue
             grossae
             Decimae
          
           (
           as
           we
           tearme
           them
           )
           Great
           tythes
           :
           such
           be
           of
           Corne
           and
           Pulse
           i
           .
           Some
           of
           them
           be
           tearmed
           Minores
           or
           
             Minutae
             decimae
          
           (
           in
           our
           common
           speech
           )
           Small
           tithes
           ,
           such
           be
           seeds
           ,
           Hearbs
           ,
           Egges
           k
           ,
           &c.
           mentioned
           in
           the
           ninth
           &
           foureteenth
           questions
           ,
           1.
           
        
         
           (
           *
           ⁎
           *
           )
        
         
           
           
             Of
             Prescription
             .
          
           
             PRescription
             is
             not
             much
             differing
             from
             Custome
             ,
             as
             before
             is
             specified
             of
             Transaction
             and
             Composition
             :
             but
             the
             one
             oftentimes
             is
             taken
             for
             the
             other
             a
             .
             Howbeit
             herein
             they
             differ
             ,
             
               Consuetudo
               propriè
               dicitur
               quando
               ius
               acquiritur
               in
               communi
               &
               publico
               ,
               i.
            
             It
             is
             properly
             sayd
             to
             be
             Custome
             where
             a
             right
             to
             many
             is
             procured
             in
             common
             and
             publike
             .
             
               Praescriptio
               verò
               quando
               priuato
               ,
               i.
            
             Prescription
             when
             priuately
             to
             one
             b
             .
          
        
         
           
             Of
             Privilege
             .
          
           
             PRIUILEGE
             or
             Exemption
             is
             deriued
             from
             authority
             Supreame
             ,
             by
             the
             which
             
               ex
               iusta
               causa
               ,
               i.
            
             vpon
             cause
             and
             good
             consideration
             ,
             sometimes
             the
             persons
             themselues
             ,
             as
             the
             order
             called
             Cistercienses
             ,
             and
             other
             Religious
             persons
             were
             priuileged
             and
             exempted
             from
             Tythes
             c
             ;
             somtimes
             the
             places
             ,
             as
             grounds
             belonging
             to
             Religious
             persons
             d
             .
             For
             example
             ,
             Monasteries
             ,
             Priories
             ,
             Nunries
             ,
             Colledges
             ,
             &c.
             or
             other
             Ecclesiasticall
             houses
             ,
             &c.
             or
             any
             Manors
             ,
             Mesuages
             ,
             
             
             
             
             
             Parsonages
             appropriat
             ,
             &c.
             or
             other
             Hereditaments
             which
             belonged
             vnto
             the
             sayd
             monasteries
             ,
             priories
             ,
             &c.
             which
             were
             discharged
             of
             and
             for
             the
             payment
             of
             Tythes
             ,
             being
             in
             the
             hands
             of
             Abbots
             ,
             Priors
             ,
             or
             other
             Ecclesiasticall
             gouernors
             .
             Concerning
             these
             possessions
             in
             Religious
             persons
             ,
             there
             hath
             beene
             fiue
             seuerall
             times
             obserued
             c
             :
             but
             leauing
             those
             times
             I
             referre
             the
             Readers
             only
             to
             the
             statute
             viz.
             These
             Monasteries
             ,
             &c.
             and
             euery
             person
             and
             persons
             ,
             their
             Heires
             and
             Assignes
             ,
             hauing
             &c.
             shall
             be
             according
             to
             their
             estates
             and
             titles
             discharged
             of
             payment
             of
             tyths
             ,
             in
             as
             ample
             maner
             as
             any
             of
             the
             said
             Abbots
             ,
             &c.
             at
             the
             daies
             of
             their
             dissolution
             .
             
               31.
               
               H.
               8.13
            
             .
          
           
             *
             ⁎
             *
          
        
         
           
           
             Summaries
             of
             the
             Statutes
             of
             Tything
             .
          
           
             EVery
             of
             the
             Kings
             Subiects
             shall
             truly
             and
             iustly
             without
             fraud
             or
             guile
             divide
             ,
             set
             out
             ,
             yeeld
             &
             pay
             all
             maner
             of
             their
             Praediall
             Tythes
             ,
             in
             their
             proper
             kind
             ,
             as
             they
             rise
             and
             happen
             in
             such
             manner
             and
             forme
             as
             hath
             been
             of
             right
             yeelded
             &
             paid
             within
             xl
             .
             years
             before
             the
             making
             of
             this
             Act
             (
             being
             4.
             
             Novem.
             An.
             1548
             )
             or
             of
             right
             or
             custome
             ought
             to
             haue
             been
             payd
             .
             And
             no
             person
             shall
             take
             or
             carry
             away
             any
             such
             or
             like
             Tythes
             ,
             &c.
             before
             he
             hath
             iustly
             set
             forth
             for
             the
             Tyth
             thereof
             the
             tenth
             part
             of
             the
             same
             ,
             or
             otherwise
             agreed
             for
             the
             same
             tythes
             with
             the
             Parson
             ,
             &c.
             vnder
             the
             paine
             of
             forfeiture
             of
             treble
             value
             of
             the
             tythes
             so
             taken
             or
             carryed
             away
             .
             2.
             
             Ed.
             6.13
             .
          
           
             At
             all
             times
             whensoeuer
             the
             sayd
             praediall
             tyths
             shall
             be
             due
             at
             the
             tything
             time
             of
             the
             same
             ,
             it
             shall
             be
             lawfull
             to
             every
             party
             to
             whome
             any
             of
             them
             ought
             to
             be
             payd
             ,
             or
             his
             Deputy
             or
             seruant
             to
             see
             their
             said
             tyth
             to
             be
             truly
             set
             forth
             ,
             and
             severed
             from
             the
             nine
             parts
             ,
             
             and
             the
             same
             quietly
             to
             take
             and
             carry
             away
             ,
             2.
             
             Ed.
             6.13
             .
          
           
             If
             any
             person
             carry
             away
             his
             Corne
             or
             Hay
             ,
             
             or
             his
             other
             praediall
             tyths
             ,
             before
             tyth
             therof
             be
             set
             forth
             ,
             or
             willingly
             withdraw
             his
             tyths
             of
             the
             same
             ,
             or
             of
             such
             other
             things
             wherof
             praedial
             tiths
             ought
             to
             be
             payd
             ,
             or
             doe
             stop
             or
             let
             the
             Parson
             ,
             Vicar
             ,
             &c.
             or
             other
             their
             Deputies
             ,
             to
             view
             ,
             take
             and
             carry
             away
             their
             tythes
             ,
             by
             reason
             whereof
             their
             sayd
             tyth
             or
             tenth
             is
             lost
             or
             hurt
             :
             then
             vpon
             due
             proofe
             thereof
             ,
             &c.
             the
             party
             so
             carrying
             away
             ,
             &c.
             shall
             pay
             the
             double
             value
             of
             the
             tenth
             ,
             &c.
             besides
             the
             costs
             ,
             charges
             ,
             and
             expenses
             of
             the
             suit
             in
             the
             same
             ,
             &c.
             to
             be
             recovered
             before
             the
             Ecclesiasticall
             Iudge
             ,
             according
             to
             the
             Kings
             Ecclesiasticall
             Lawes
             .
             2.
             
             Ed.
             6.13
             .
          
           
             Every
             person
             which
             shall
             haue
             any
             beasts
             or
             other
             Cattell
             tythable
             ,
             
             going
             or
             feeding
             in
             any
             wast
             or
             common
             ground
             ,
             whereof
             the
             parish
             is
             not
             certaynly
             knowne
             ,
             shall
             pay
             his
             tithes
             for
             the
             increase
             of
             the
             sayd
             Cattell
             ,
             to
             the
             Parson
             ,
             Vicar
             ,
             &c.
             of
             the
             parish
             ,
             Hamlet
             ,
             Towne
             ,
             or
             other
             place
             where
             the
             owner
             of
             the
             said
             Cattell
             dwelleth
             .
             2.
             
             Ed.
             6.13
             .
          
           
             All
             such
             barren
             heath
             and
             wast
             ground
             ,
             
             &c.
             which
             before
             this
             time
             hath
             been
             barren
             and
             paid
             no
             tythes
             ,
             by
             reason
             of
             such
             barrennes
             ,
             and
             shall
             be
             improued
             and
             converted
             into
             arable
             ground
             or
             Medow
             ,
             shal
             after
             the
             end
             of
             7.
             years
             next
             after
             such
             improuement
             ,
             pay
             tyth
             for
             the
             Corne
             and
             Hay
             growing
             vpon
             the
             same
             .
             But
             if
             such
             barren
             ,
             &c.
             hath
             before
             ,
             &c.
             been
             charged
             with
             the
             payment
             of
             any
             tythes
             ,
             and
             the
             same
             be
             after
             improved
             &
             converted
             into
             arable
             ground
             or
             medow
             ,
             
             then
             the
             owner
             therof
             shal
             ,
             during
             7.
             years
             next
             following
             ,
             from
             &
             after
             the
             same
             improuement
             ,
             pay
             such
             kynd
             of
             Tyth
             as
             was
             payd
             for
             the
             same
             before
             the
             same
             improuement
             .
             2.
             
             Ed.
             6.13
             .
          
           
             Great
             Wood
             of
             the
             age
             of
             20.
             yeares
             or
             of
             greater
             age
             sold
             to
             Marchants
             to
             their
             owne
             profit
             ,
             
             or
             in
             ayd
             of
             the
             King
             in
             his
             Warres
             ,
             is
             not
             Tythable
             nor
             comprehended
             vnder
             this
             word
             
               Silua
               Caedua
            
             .
             45.
             
             Ed.
             3.3
             .
          
           
             Every
             person
             exercising
             Marchandise
             ,
             bargayning
             and
             selling
             ,
             &c.
             or
             other
             art
             or
             faculty
             ,
             
             being
             such
             kind
             of
             persons
             and
             in
             such
             places
             as
             heretofore
             within
             these
             Forty
             yeares
             haue
             accustomably
             vsed
             to
             pay
             such
             personall
             Tythes
             ,
             or
             of
             right
             ought
             to
             pay
             (
             other
             than
             such
             as
             be
             common
             day-labourers
             )
             shall
             yearely
             ,
             &c.
             pay
             for
             his
             personall
             Tyths
             ,
             the
             Tenth
             part
             of
             his
             cleare
             gaynes
             ,
             his
             charges
             and
             expences
             ,
             &c.
             deducted
             .
             But
             in
             all
             such
             places
             where
             handicrafts
             men
             haue
             vsed
             to
             pay
             their
             tyths
             ,
             &c.
             the
             same
             custome
             of
             payment
             of
             tyths
             shall
             be
             observed
             and
             contynued
             .
             2.
             
             Ed.
             6.13
             .
          
           
             Every
             person
             which
             ought
             to
             pay
             offrings
             ,
             
             shall
             (
             yearly
             )
             truly
             pay
             them
             to
             the
             Parson
             ,
             Vicar
             ,
             &c.
             at
             such
             foure
             offring
             dayes
             ,
             &c.
             as
             haue
             been
             accustomed
             for
             the
             payment
             of
             the
             same
             ,
             and
             in
             default
             therof
             to
             pay
             for
             the
             sayd
             offrings
             at
             Easter
             then
             next
             following
             .
             2.
             
             Ed.
             6.13
             .
          
           
             No
             tyths
             of
             mariage
             goods
             shall
             be
             required
             of
             any
             person
             within
             Wales
             ,
             or
             the
             Marches
             therof
             .
             
             Neither
             shall
             any
             person
             bee
             compelled
             to
             pay
             
             Tyth
             for
             the
             lands
             or
             hereditaments
             ,
             which
             by
             the
             lawes
             and
             statutes
             of
             this
             Realme
             ,
             or
             by
             any
             Privilege
             ,
             or
             Prescription
             ,
             are
             not
             chargeable
             with
             the
             payment
             thereof
             :
             or
             that
             be
             discharged
             by
             Composition
             reall
             .
             2.
             
             Ed.
             6.13
             .
          
           
             If
             any
             person
             after
             sentence
             difinitiue
             giuen
             against
             him
             ,
             
             obstinately
             refuse
             to
             pay
             his
             tythes
             ,
             or
             shall
             otherwise
             contemne
             and
             disobey
             the
             processe
             and
             decrees
             of
             the
             Ecclesiasticall
             Courts
             ,
             
             &c.
             then
             vpon
             information
             giuen
             ,
             &c.
             the
             same
             party
             shall
             be
             committed
             to
             ward
             ,
             &c.
             27.
             
             H.
             8.20
             .
             Looke
             the
             statute
             in
             all
             .
          
           
             If
             any
             of
             the
             parties
             doe
             appeale
             ,
             
             &c.
             then
             the
             Iudge
             forthwith
             shall
             adiudge
             to
             the
             other
             party
             the
             reasonable
             costs
             of
             his
             suit
             therein
             before
             expended
             ,
             and
             take
             surety
             of
             the
             other
             party
             ,
             &c.
             to
             what
             effect
             ,
             see
             the
             statute
             in
             all
             .
             32.
             
             H.
             8.7
             .
          
           
             If
             any
             party
             ,
             
             &c.
             do
             sue
             for
             any
             prohibition
             ,
             &c.
             vnder
             the
             copy
             of
             the
             Libell
             shall
             be
             written
             the
             suggestion
             ,
             wherfore
             the
             party
             so
             demandeth
             the
             the
             sayd
             Prohibition
             :
             &
             in
             case
             the
             sayd
             suggestion
             by
             two
             honest
             and
             sufficient
             witnesses
             at
             the
             lest
             ,
             be
             not
             proved
             true
             in
             the
             court
             wher
             the
             said
             prohibition
             shall
             be
             so
             granted
             ,
             within
             6.
             months
             next
             following
             ,
             &c.
             
             Then
             the
             party
             that
             's
             hindred
             of
             his
             suit
             in
             the
             Ecclesiasticall
             court
             by
             such
             prohibition
             ,
             
             &c.
             shal
             haue
             a
             consultation
             granted
             ,
             &c.
             and
             shall
             also
             recouer
             double
             costs
             &
             damages
             .
             2.
             
             Ed.
             6.13
             .
             And
             the
             Iudges
             before
             whom
             the
             cause
             was
             first
             brought
             in
             question
             ,
             shall
             proceed
             notwithstanding
             the
             Kings
             Prohibition
             .
             24.
             
             Ed.
             1.
             
          
           
           
             
               These
               be
               Summarily
               (
               Christian
               Reader
               )
               the
               spirituall
               and
               statute
               Lawes
               of
               the
               Land
               for
            
             Tything
             :
             
               such
               as
               bee
               exercised
               now
               vnder
               the
               happy
               government
               of
               our
               King
               ,
               the
               life
               both
               of
               them
               and
               vs
               :
               this
               is
               the
               worke
               ,
               take
               it
               in
               good
               part
               :
               the
               Title
               but
               begun
               ,
               may
               better
               be
               satisfied
               hereafter
               .
            
          
           
             LONDON
             ,
             
               Printed
               by
               Thomas
               Purfoot
            
             .
             An.
             Dom.
             1633.
             
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A17509-e290
           
             a
             25.
             
             He.
             8.19
             
          
           
             b
             2.
             
             Ed.
             6.13
             .
          
           
             c
             1.
             
             Elizab.
             ●
             
          
           
             d
             Glo.
             &
             DD
             in
             c.
             vigilanti
             de
             praescrip
             .
          
           
             e
             Art.
             cler
             .
             9.
             
             Ed.
             2.1
             .
          
           
             f
             9.
             
             Ed.
             2.2
             .
             34.
             
             Ed.
             1.1
             .
             de
             coniunctim
             feosatis
             .
          
           
             g
             45.
             
             Ed.
             3.3
             .
          
           
             h
             3.
             
             Hen.
             8.7
             .
          
           
             i
             13.
             
             Ed.
             1.
             circ
             .
             agat
             .
          
           
             k
             Fitz.
             de
             natura
             brevium
             ,
             Fol.
             50.
             de
             consultatione
             .
          
           
             l
             9.
             
             Ed.
             2.
             circumspectè
             agatis
             .
             13.
             
             Ed.
             1.
             
          
        
         
           Notes for div A17509-e2310
           
             a
             
               c.
               Cum
               homines
               de
               decim
               .
               Glo.
               c.
               erroris
               damnabilis
               .
               Const.
               prou
               .
               Ang.
               de
               dec
               .
               ver
               .
               errore
               calculi
               .
            
          
           
             b
             
               c.
               Cum
               contingat
               .
               vbi
               glo
               .
               &
               DD.
               eod
               .
            
          
           
             c
             
               l.
               Sine
               possessione
               .
               ff
               .
               de
               vsucap
               .
            
          
           
             d
             
               l.
               Quod
               meo
               .
               §.
               fi
               .
               ff
               .
               de
               acquir
               .
               posses
               .
               cap.
               Auditis
               de
               praescript
               .
            
          
           
             e
             
               Pan
               in
               vlt.
               notabili
               .
               in
               d.
               c.
               cum
               contingat
               .
            
          
           
             f
             
               Host.
               Io.
               And
               in
               d.
               c.
               Cum
               contingat
               .
            
          
           
             g
             
               Ancha
               .
               in
               c.
               Cum
               in
               tuade
               deci
               .
               &
               Ant.
               But.
               in
               d.
               c.
               Cum
               in
               tua●●d
               .
            
          
           
             h
             
               Ant.
               But.
               in
               c.
               praeal
            
             .
          
           
             i
             
               ff
               .
               de
               reg
               .
               〈◊〉
               .
            
          
           
             k
             
               c.
               Quanquàm
               .
               Prouin
               .
               ang
               .
               eo
               .
               vbi
               .
               elo
               .
               in
               ver
               .
               excisis
               .
            
          
           
             l
             
               Gloss.
               cap.
               Sancta
               ecclesia
               .
               prouin
               .
               ang
               .
               eo
               .
               ver
               .
               arborum
               .
               ad
               hoc
               l.
               arbotibus
               ff
               .
               de
               vsusr
               .
            
          
           
             m
             
               Ext.
               de
               decim
               .
               c.
               Pastoralis
               .
            
          
           
             n
             
               c.
               Praeal
               .
               cod
            
             .
          
           
             o
             
               Pet.
               de
               ancha
               .
               &
               DD.
               e.
               cum
               homines
               eod
               .
            
          
           
             p
             
               Ar.
               nd
               hoc
               de
               re
               iud
               .
               c.
               Bona
               fide
               .
               li.
               6.
               
               Glo.
               prouin
               .
               Ang.
               de
               decim
               .
               ver
               .
               asportant
               .
            
          
           
             q
             
               ff
               .
               Deleg
               .
               3.
               l.
               Ligni
               §
               lignorum
               verb.
               quid
               mirum
               .
            
          
           
             r
             
               Inno
               ext
               .
               de
               decim
               .
               c.
               commissum
               .
            
          
           
             s
             
               c.
               Preal
               eod
            
             .
          
           
             t
             
               Iuxt
               .
               notae
               ,
               per
               Inno.
               vt
               sup
               .
               glo
               .
               ver
               .
               diuidenda
               .
               prou
               .
               an
               .
               co
               .
            
          
           
             u
             
               Prou.
               ang
               .
               c.
               quoniam
               propter
               §
               volumus
               .
            
          
           
             x
             
               Ancha
               .
               cap.
               peruenit
               .
               eod
               .
            
          
           
             y
             
               Ad
               hoc
               c.
               pastoralis
               .
               ext
               eod
               .
            
          
           
             z
             
               c.
               1.
               
               Cle.
               e.
            
             
          
           
             a
             
               Arg.
               ad
               hoc
               ff
               .
               per
               quas
               personas
               nobis
               §
               1.
               
            
          
           
             b
             
               Glou.
               prou
               .
               ang
               .
               de
               dec
               .
               ver
               .
               decima
               lanae
               .
            
          
           
             c
             
               Text.
               prouin
               .
               ang
               .
               ca.
               quoniam
               vt
               audivimus
               .
               eodem
               .
            
          
           
             d
             
               d.
               c.
               Ver.
               sed
               si
               oves
               .
            
          
           
             e
             
               §
               si
               vero
               .
               const
               .
               preal
               .
            
          
           
             f
             
               §
               &
               si
               oves
               const
               .
               ead
               .
            
          
           
             g
             
               Text
               prouin
               .
               ang
               .
               ca.
               quoniam
               propter
               de
               decim
               .
            
          
           
             h
             
               Arg.
               ad
               .
               hoc
               inst
               .
               quod
               cum
               eo
               qui
               in
               alt
               .
               pot
               .
               §
               caeterum
               autem
               .
               &
               glo
               .
               const
               .
               prou
               .
               praeal
               .
               verb.
               possit
               recipere
               .
            
          
           
             i
             
               c.
               verb.
               const
               .
               praeal
            
             .
          
           
             k
             
               c.
               Quoniam
               vt
               audivimus
               .
               const
               .
               prouin
               .
               ang
               .
               §
               agni
               .
               eod
               .
            
          
           
             l
             
               Ca.
               &
               §
               prae
            
             .
          
           
             m
             
               Glo.
               c.
               &
               §
               praeal
               .
               verb.
               particulariter
            
          
           
             n
             
               C.
               &
               §
               prae
            
             .
          
           
             o
             
               Rebuff
               .
               eo
               .
               q.
               6.
               nu
               .
               30.
               
               Inno.
               Host.
               &
               alij
               in
               ea
               .
               cum
               homines
               .
               eod
               .
            
          
           
             p
             
               ff
               .
               de
               vsufr.
               l.
               in
               pecudum
               .
               inst
               .
               de
               re
               .
               di
               .
               §
               in
               pecudum
               .
            
          
           
             q
             
               de
               reg
               .
               iur
               .
               in
               6.
               
            
          
           
             r
             
               c.
               quoniam
               propter
               prae
               .
               de
               decim
               .
            
          
           
             s
             
               c.
               Quoniam
               vt
               audivimus
               .
               praeal
               .
               §
               decima
               .
            
          
           
             t
             
               c.
               quoniam
               propter
               .
               pre
               .
               §
               quid
               verò
               .
            
          
           
             u
             
               in
               cap.
               &
               §
               praeal
               .
               verb.
               modicitatem
               .
            
          
           
             x
             
               c.
               §
               praeal
               .
               in
               fin
               .
            
          
           
             y
             
               ext
               .
               e.
               ti
               .
               c.
               in
               aliquibus
               .
            
          
           
             z
             
               c.
               Quoniam
               vt
               audivimus
               .
               praeal
               .
               §
               quod
               si
               prou
               .
               ang
               .
               e.
               
            
          
           
             a
             
               c.
               §
               prae
               .
               c.
            
             
          
           
             b
             
               Gloss.
               c.
               §
               praeal
               .
               verb.
               estimentur
               .
            
          
           
             c
             
               c.
               cum
               homines
               ,
               eod
            
             .
          
           
             d
             
               l.
               si
               cui
               in
               fine
               .
               ff
               .
               de
               verb.
               sig
               .
            
          
           
             e
             
               c.
               cum
               homines
               prae
               .
               eod
               .
               text
               .
            
          
           
             f
             
               e.
               1.
               c.
               ad
               Apostolice
               .
               c.
               peruenit
               eod
               .
            
          
           
             g
             
               c.
               quoniam
               propter
               prae
               .
               prou
               .
               ang
               .
               e.
               
            
          
           
             h
             
               Concor
               .
               ext
               .
               eo
               .
               c.
               ex
               parte
               canonicorum
               .
            
          
           
             i
             
               c.
               quoniam
               propter
               prae
            
             .
          
           
             k
             
               Lu.
               11.
               
               Ho.
               c.
               ex
               multiplici
               .
               eo
               .
            
          
           
             l
             
               c.
               Sancta
               ecclesia
               pre
            
             .
          
           
             m
             
               glo
               .
               in
               d.
               c.
               verb.
               si
               ven
               .
               dantur
               .
               vbi
               ad
               hoc
               ext
               .
               eo
               .
               c.
               pastoralis
               ,
               &
               Inno
               ext
               .
               c.
               commissum
               .
               e.
               
            
          
           
             n
             DD.
             in
             cap.
             pastoralis
             ,
             &
             alijs
             ca.
             eod
             .
          
           
             o
             c.
             quoniam
             propter
             ,
             pre
             .
             §
             de
             proventibus
             .
             &
             ibi
             glo
             .
             verb.
             intigrè
             .
          
           
             p
             Host.
             &
             alij
             .
             c.
             nuntios
             .
             c.
             
          
           
             q
             Ad
             hec
             .
             ff
             .
             de
             vsufr.
             l.
             vsufructu
             legato
             .
             &
             l.
             item
             si
             fundi
             .
          
           
             r
             Inno.
             in
             ea
             .
             non
             est
             ,
             eod
             .
             &
             ibi
             Host.
             verb.
             de
             venatione
             .
          
           
             s
             Inno.
             in
             &
             Host.
             cap
             &
             verb.
             praeal
             .
          
           
             t
             DD.
             praeal
             .
             in
             ca.
             pastoralis
             ,
             eod
             .
          
           
             u
             DD.
             in
             d.
             c.
             Non
             est
             .
             ibi
             idem
             not
             per
             DD.
             prae
             .
             in
             decimis
             avium
             &
             ferarum
             gloss
             .
             in
             pre
             .
             c.
             quoniam
             propter
             §
             de
             piscationibus
             prouin
             .
             ang
             .
             eod
             .
             verb.
             debito
             modo
             .
          
           
             x
             c.
             ad
             apostolicae
             .
             eod
             .
          
           
             y
             c.
             quaesti
             .
             16.
             q.
             1.
             
          
           
             z
             Inno.
             Host.
             in
             c.
             non
             est
             praeal
             .
             eod
             .
             verb.
             de
             venatione
             .
          
           
             a
             c.
             1.
             c.
             ad
             apostolice
             .
             c.
             peruenit
             .
             prae
             .
             eod
             .
          
           
             b
             cap
             fin
             .
             de
             parochijs
             .
          
           
             c
             Rebuff
             .
             eo
             .
             q.
             8.
             nu
             .
             17.
             
          
           
             d
             Ancha
             .
             in
             praeal
             .
             c.
             non
             est
             .
             eo
             .
             col
             .
             2.
             
          
           
             l
             Gloss.
             in
             c.
             sancta
             Ecclesia
             prae
             .
             §
             1.
             ver
             cignorum
             
          
           
             m
             DD.
             ext
             c.
             tit
             .
             c.
             non
             est
             .
          
           
             n
             Gloss.
             in
             d.
             c.
             sancta
             ecclesia
             .
             cap.
             quoniam
             vt
             audivimus
             ver
             .
             pulli
             .
          
           
             o
             
               Gloss.
               in
               c.
               reuertimini
               .
               verb.
               annus
            
          
           
             p
             
               2.
               
               Ed.
               6.13
            
             .
          
           
             q
             
               Rebuff
               .
               q.
               13.
               nu
               .
               44.
               &
               ibi
               .
               cit
               .
               But.
               in
               .
               c.
               parochianos
               .
               in
               fin
               .
               eod
               .
            
          
           
             r
             
               Host.
               in
               ca.
               pastoralis
               in
               fin
               .
               eod
               .
               &
               10.
               de
               tur
               .
               cre
               .
               in
               c.
               reuertimini
               proeal
               .
               nu
               .
               12.
               ver
               .
               ad
               septimum
               .
               16.
               q.
               1.
               
            
          
           
             s
             
               Host.
               in
               .
               ca.
               ex
               transmissa
               .
               eod
               .
               arg
               .
               ca.
               Oblationes
               .
               90.
               dist
               .
               Deut.
               23.
               
            
          
           
             t
             
               c.
               miror
               .
               17.
               q.
               4.
               
            
          
           
             u
             
               c.
               si
               tantum
               6.
               q.
               2.
               hec
               Rebuff
               .
               q.
               5.
               nu
               .
               18.
               
               &
               19.
               
            
          
        
         
           Notes for div A17509-e7350
           
             a
             
               c.
               2.
               d.
               trans
               .
               c.
               dilecti
               .
               eo
               .
            
          
           
             b
             
               c.
               3.
               eod
            
             .
          
           
             c
             
               c.
               2.
               sup
               .
               ti
               .
               1.
               
               Rebuff
               .
               in
               q.
               13.
               nu
               .
               17.
               de
               decim
               .
            
          
           
             d
             
               c.
               2.
               &c.
               veniens
               ,
               de
               trans
            
          
           
             e
             
               c.
               veniens
               .
               8.
               praeal
            
             .
          
           
             f
             
               Rebuff
               .
               q.
               13.
               nu
               .
               27.
               de
               decim
               .
            
          
           
             g
             
               q.
               nu
               .
               prae
               .
               Rebuff
               .
            
          
           
             h
             
               c.
               super
               .
               de
               reb
               .
               eccle
               .
               non
               alien
               .
            
          
           
             i
             
               Rebuff
               .
               q.
               13
               praeal
            
             .
          
           
             k
             
               Text.
               in
               ca.
               venerabilis
               de
               confes
               .
               &
               ibi
               Pan.
               
            
          
           
             l
             
               r.
               ff
               .
               de
               trans
               .
               C.
               e.
               c.
               super
               eo
               .
            
          
           
             m
             
               c.
               vestra
               .
               de
               loca
            
             .
          
           
             n
             
               Arg.
               c.
               2.
               
               &
               3.
               sup
               .
               de
               hijs
               quae
               f●●nt
               à
               capit
               .
            
          
           
             o
             
               Not.
               ca.
               à
               nobis
               ,
               eod
               .
               Pan.
               c.
               statnimus
               de
               trans
               .
            
          
           
             p
             
               c.
               veniens
               .
               e.
            
             
          
           
             q
             
               c.
               cum
               sint
               homines
               .
               &c.
               ad
               apostolice
               .
               eod
               .
            
          
           
             r
             
               c.
               praeal
            
             .
          
           
             s
             
               DD.
               in
               c.
               fi
               .
               de
               consuetud
               .
            
          
           
             t
             
               c.
               in
               aliquibus
               .
               &
               ibi
               inno
               pan
               &
               alij
               .
               eod
               .
            
          
           
             u
             
               Rebuff
               .
               q.
               13.
               nu
               .
               4.6
               .
            
          
           
             x
             
               Host.
               in
               sum
               §
               fin
               .
               eod
               .
            
          
           
             y
             
               DD.
               in
               c.
               ad
               apostolice
               praeal
               .
            
          
           
             z
             
               Rebuff
               .
               q.
               13.
               praeal
               .
               nu
               .
               40.50.52
               .
            
          
        
         
           Notes for div A17509-e8450
           
             a
             Nu.
             c.
             18.
             
          
           
             b
             Card.
             confi●
             26.
             pro
             evidentia
             c.
             tua
             c.
             fin
             .
             eod
             .
          
           
             c
             c.
             pervenit
             .
             praeal
             .
             eo
             .
             c.
             non
             est
             .
             22.
             c.
             
          
           
             d
             c.
             ad
             apostolice
             .
             prae
             .
          
           
             e
             ca.
             commissum
             praeal
             .
          
           
             f
             c.
             apostolice
             .
             c.
             pastoralis
             .
             eod
             .
          
           
             g
             l.
             cum
             quidam
             ff
             .
             de
             fun
             .
             instruct
             .
          
           
             h
             l.
             si
             plures
             .
             in
             fin
             .
             ff
             .
             arb
             .
             furt
             .
             caes
             .
          
           
             i
             c.
             ex
             multiplici
             de
             dec
             .
          
           
             k
             Glo.
             &
             DD.
             in
             c.
             cum
             ex
             〈◊〉
             &c.
             ex
             multiplici
             .
             praeal
             .
             eod
             .
          
           
             a
             
               Dom.
               ca.
               2.
               col
               .
               vlt.
               de
               preb
               .
               in
               6.
               barb
               .
               consil
               .
               35.
               sapienter
               .
               col
               .
               6.
               in
               2.
               vol.
               
            
          
           
             b
             
               Pan.
               in
               ca.
               cum
               ecclesia
               .
               col
               .
               8.
               nu
               .
               45.
               de
               caus
               .
               pos
               .
            
          
           
             c
             
               c.
               a
               nobis
               de
               decim
            
             .
          
           
             d
             
               c.
               ex
               parte
               eod
            
             .
          
           
             c
             
               Rebuff
               .
               q.
               14.
               nu
               .
               37.38.39.40.42
               .
            
          
           
             
               Double
               value
               of
               the
               tenth
               ,
               beside
               costs
               .
            
          
           
             
               wast
               ground
               not
               certainly
               known
               of
               what
               parish
               .
            
          
           
             
               wast
               ground
               improued
               that
               neuer
               payd
               Tith
               .
            
          
           
             Silva
             caedua
             .
          
           
             
               Personall
               Tithes
            
             .
          
           
             Offrings
             :
          
           
             Wales
             .
          
           
             Obstinacie
             .
          
           
             Contempt
             .
          
           
             Appeales
             .
          
           
             Prohibition
             .
          
           
             Consultation
             .