Selected quad for the lemma: land_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
land_n	manor_n	say_a	tenant_n	2,336	5	10.4318	5	true

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A93112	The parsons guide: or The lavv of tithes. Wherein is shewed, who must pay tythes, and to whom, and of what things, when, and how they must be paid, and how they may be recovered at this day, and how a man may be discharged of payment thereof. By W.S. Esq;	Sheppard, William, d. 1675?	1654 (1654)	Wing S3204; Thomason E744_9; ESTC R203561	23,075	38

follow A man may be discharged of payment of Tythe by a custom or prescription Wherein these things are to be known 1 Custom and Prescription do differ but little custom By custome or prescription And what is good or not goes to a place or Country and prescription to a person 2 A custom applyed to a Country to pay no tythe in some cases as the custom for the Wild being forty Parishes in Sussex to pay no tythe is good But generally such a custome is not good and a Prescription to pay no tythe nor any thing in lieu of it is not good nor wil it discharge though nothing can be proved to be paid within the time of memory D. St. 171. 167. Broo. Prescrip 92. Cook 2. 44. And yet one may shew a discharge of his Land another way which wil amount to the payment of no Tythe nor nothing for it 3 But any man may prescribe de modo decimandi i. e. to pay money or other thing in lieu of the Tythe in kind for a Manor Farm or piece of Land and if he can prove this time out of mind this will discharge him Cook 1. 44. 45. And therefore a Prescription to pay 4 d or any other sum of money for all his Tythe whatsoever or all his tythe hay or all his tythe corn in such a Farm or such a Close is good If one prescribe that he is to put the corn of the ground in hillocks or cocks c. and that for this the Parson is to have no tythe corn every second year or is to have no Tythe in some part of the ground this is good So if he prescribe to pay the tenth fleece of wool and for this to be discharged of the tythe of the locks this is a good Prescription 36 37. Eliz. Co. B. Jesops Case But if one prescribe that because he doth pay tythe hay he is to pay no tythe corn or because he payeth tythe corn he is to pay no tythe of his cattel this is not good Smiths Case Hill 8. Jac. B. R. So if one prescribe to be discharged of Tythes in one place because he payeth Tythes in another place or to be discharged of Tythes of Lambs because he payeth tithe of wool or to be discharged of tithes of other cattel because he payeth 12 d for a Cow these are not good Prescriptions Fleetwoods Case 7 Jac. Co. B If a custom be alledged That the Parson shal have but the tenth sheaf of wheat for the tithe of all manner of corn and grain this is not a good custome Mich. 11. Jac. Co. B. Jacks Case 38 Eliz. Co. B. Adjudg So a custome was alledged That the Owners of a Farm had been used time out of mind to take back 30 sheass of their Tythe corn again after it was set out to their own use This was disallowed 4 A Prescription to pay a shoulder of a Buck or Doe when they are killed in lieu of all the Tythe of a Park is good and will discharge the Park 3. 7 37 Eliz. Shipdams Case And although after the Park be discharged and converted into tillage or hop ground yet it is held that the Parson shall not have Tythes in kind but the discharge shall continue M. 5. Jac. Co. B. Adjudg M. 11. Jac. Co. B. Cowpers Case 5 A Prescription to pay a less part then the tenth part Sect. 2. may be good and binding 6 A Prescription that if one have less then seven Lambs he shal pay but 1 d a piece sor them is good Curia 7. Jac. B. R. Patches Case 7 A Prescription to be discharged of Tithes for every house in London in lieu of 12 d of the rent made of the house is good Cook 11. 16. And so for any other thing that may be conceived to have a reasonable Commencement the Law will admit it 8 One may prescribe That he and all those whose estates he hath in the Manor of Dale in Dale time out of mind have paid to the Parson of Dale for the time being a certain Persion yearly for the maintenance of Divine Service there in satisfaction of all the Tithes arising and growing within the Manor of Dale and prescribes further That he and all those whose Estates he hath in the said Manor time out of mind have been used in regard of the said pension so paid to the Parson to have all the Tythes happening and arising within the said Manor or any part of it viz. of all the Lands held of the said Manor or any parcel of it this is a good Prescription and may have a reasonable beginning thus That the Lord was seized of all the Manor before the Tenancies derived out of it and by some good Composition or Grant between him the Parson Patron and Ordinary it was granted to him in lieu of this money which must be intended because time out of mind it hath been so paid Cook 7 45. But without some special matter alledged a Lord cannot prescribe after this manner in him and all those c. generally 9 Also a Parishioner may be discharged of Tythe by an agreement with the Parson if he be a Spiritual Person he may discharge it for his life if he be an Impropriator he may discharge it for all the time he hath the Parsonage But a spiritual Person cannot by his agreement bind his successors And payment of a sum of money in lieu and recompence of tythes for sixty yeers or thereabouts is held a reasonable time to make a Prescription Cook upon Litt. 14. Crompt Jur. 77 Dyer 7. 9. Tythe may be discharged by the alteration of the place or Sect. 3 By an alteration of the place or thing out of which the tithe doth come or by other alteration Whether gone or not thing out of which the tythe is to come For the opening of which take these things 1 If one prescribe to be discharged of payment of tythe hay for such a ground or the tythe corn of such a ground and the owner change the nature of the ground the pasture into tillage or tillage into pasture in these cases the Prescription is gone Hill 7. Jac. B. R. Shipton's Case adjudg But if the Prescription be general 4 d for all manner of tithe arising in such a ground there the alteration will not hurt the prescription So it is if one prescribe to pay the shoulder of every Buck and Deer of his Park for all manner of Tithe of the Park and the whole Park be after disparked and sowne to corn it is said the Prescription is gone and that Tythes must now be paid in kind but if any part of it remain a Park and the rest only be sowed it is otherwise 36 37 Eliz. Shipdams Park in Norfolk So it is said if all the Parks be suffered to fall down which is a disparking in Law of the Park yet the same doth not destroy the manner of tithing for the same may be a

of geese of eggs of Crafts and manual occupations of Trade by wares merchandize c. And about all these things especially are all the Questions and cases that follow concerning this Subject CHAP. III. Of the Nature of Tithes TIthes by our Law were accounted an Ecclesiastical Inheritance and collateral to the state of the Land out of which they come which of common right are to be paid out of all Lands Meadowes and Pastures and which of their proper nature originally were due only to Ecclesiastical persons by Ecclesiastical Law and till they were severed were esteemed meerly Ecclesiastical for the substraction whereof no remedy was given by the Common Law Neither can any unity of possession extinguish or suspend them but they remain still in esse and might be demised or let to any spiritual person And if a Parson impropriate had infeoffed another of part of his Glebe or had made a Lease of it to him yet he should have had Tithe thereof still so that a man might have had Tithe against his own Feoffment for they were not claimed in respect of any ownership in the Land but ex debito by the Law of God So if a Parson purchase Land within his Rectory and after lease the Parsonage the Lessee shall have Tithe of this new purchased Land And a Lay-man by the Common Law could not have had an Inheritance descendable and grantable of Tithes as of other Temporal possessions neither will they passe by the same words in Grants as other Temporal possessions wil do And therefore if one grant a ground cum proficuis comoditatibus eidem pertinentibus the Tithes will not passe by this But now the Law is changed herein for they and other Ecclesiastical Duties especially such as came to the Crown by the Statures of 27. H. 8. 31. H. 1. 1. Ed. 6. are by those Statutes and the Statutes of 32. H. 8. and 1. 2 Phil. Mar. in the hands of Lay-men Temporal Inheritances and are of the nature of other Land it shall be accounted Assets in the hands of an Heir The wise shall be endowed of it the husband tenant by the courtesie for them real actions may be brought and they have all other incidents of Lay-Inheritances Cook 11. 14. Dyer 43. Cook 1. 3. Cook upon Litt. 5. 159. CHAP. IV. Who must pay Tithes at this day and to whom and who are capable of receiving and retaining of Tithes and by what Title and how TIthes by the Common Law are due of common right out of all things and every man at this day Alien and Denizen is bound to pay the same that cannot shew a special exemption and freedome by composition custome prescription or some Act of Parliament So the Kings have paid no Tithes sometimes for their Lands in their own hands So neither the Lord Protector not his Patentees are to pay Tithe for some of their ancient Forrests-Lands that lye in no Parish or between two Parishes this is not to pay Tithe And so the Vicar in some places doth pay no Tithe to the Parson so long as his Vicarage Land is occupied by himself Cro. Jur. 60. Cook 2. 44. Broo. Dismes 10. And it is said If a Bishop had held Land discharged of Tithe and made Feoffmeur or Lease of it that his Lessee or Feoffee shall not pay for it Cook 2. 44. And as to the persons to whom and capable of receipt of Tithe albeit by the Common Law anciently no Lay-person was capable of them save onely by way of discharge as where a Parishioner had compounded with the Vicar or Parson for his owner Tithe Yet at this day any man may have them as other Lay-Inheritances and Lay-men as they call them as well as Clergy men have them And to make Clergy men capable of them there were heretofore many things required as Examination and Allowance by the Bishop subscription to the Articles of Religion Institution and Induction into the Parsonage or Vicarage to which the Tithes belong But in these things the Lawes are changed at this day And therefore it seems such a person once capable of Tithes cannot be made uncapable Pluralitie afterwards as heretofore unless it be where he hath one Benefice of 81. a year and he take another for in this case it seems he shall lose the first But for this see the Statutes of 21. H. 8. 13. 28. H. 8. 13. Cook 4. 79. 6. 20. A Parson or Vicar may have Tithe out of his Parish by Prescription a special Prescription Or he may prescribe to have a sum of Money for Tithes within his Parish of any certain man there in lieu of Tithes And another man also may have Title to a portion of Tithes by Prescription Bro. 85. Cook 11. 19. Book of Entries N. B. f. 9. Cook 2. 45. Cook 4. 49. And a man may have his own Tithe of the Parson by agreement betweene them for the Parsons life or how they please CHAP. V. Of what things Tithe is to be paid and of what not and out of what Land and how IN general the rule is that Tithes must be paid of all things that are of profit and that arise from year to year especially of the things wherein the industry of man is helping as in all things it is more or less helping Cook 11-16 Fitz. Nat. Brev. 53. 32. H. 8. 7. And so it is to be paid for and out of all things within not without the Parish that arise grow and happen from year to year by the Act of God alone or by the Act of God and man together But more particularly All sorts of trees but Timber trees are to pay Tithe that Sect. 1. O● trees and woods is their tenth of increase living or dead used or sold by the owner for the body branches bark fruit root and branches that grow out of the root And within this rule all fruit trees as Apple-trees Pear-trees Nut-trees Walnut-trees and the like are to yeild the tenth of their increase of fruit yearly and if they be cut down the tenth of the body whether sold or kept and if they be pared the tenth of their parings whether sold or kept So Tithe is to be paid of the fruit body bark and branches of all other trees not apt to Timber as willowes sallowes though they be above twenty years growth or of any age whatsoever and were never cut before So also Tithe is to bee paid of Silva caedua that is Under-woods and Coppices selled and preserved to grow again and which by good husbandry may grow again And of all these things the Parson is to have the tenth part as the owner hath and at the time when the Owner doth receive his nine parts But of the Underwoods of Coppices parings of Fruit-trees For wood cu for his own use or other trees cut only for mounds or for plow geer for hedging and fencing of the corn fields or other grounds within the

Park again But some doubt of this And a difference hath been taken where a Prescription runs to so many Acres of Land certain for in that case the modus continueth and where to the Park in the name of a Park in which case it is gone if it be disparked Pasch 19. Jac. Co. B. Pools Case and in Brownl Rep. 1 Part Pasch 10. Jac. Co. B. 35. It is doubted whether the Tythes be not gone in both cases and held That if a man can prescribe for so many bucks that this Park is discharged and if it be disparked that the prescription is not gone 2 And if two Fulling mils be under one roof and a rate Tythe be paid for the mils which is a kind of prescription and after the mils are altered and made into one corn-mill in this case the prescription is gone and tythe shall now be paid in kind So if there be but one pair of stones in the mill and after there is another pair of stones put in the mill now tythe must be paid in kind and the manner of tithing is gone Brownl Rep. 1. Part. Pasch 10. Jac. 31. 3 If I have the Tythe of the hay of a close or all manner of tythe there and the owner of the ground turn it from Meadow to tillage or to hops or the like or turne it from tillage to pasture the tithe is not gone but shall bee paid in kind as it falleth So if one turne wood ground into meadow or tillage the owner shall pay Tythe in kind and tythe is not lost hereby only if it fall out to be within the case of barren heath he shall pay for seven years no more then was paid formerly for it See it before Pasch 18. Jac. B. R. Court in Baxters Case 4 If one be to pay a sum of money for the Tythe of a piece of ground and the ground be after turned to houses and gardens in this case the manner of tithing doth continue Cook 11. 16. 5 If one turn his pasture into a Coniger and make coney-borrowes in it the Tythe will not be gone But I conceive it doth continue as it did for the manner of Tithing as before and no new manner of Tithing See before Tithe of Coneys M. 13. Car. B. R. 6 If the Vicar keep the Glebe in his own hands it is said That so long he is to pay no Tythe to the Parson impropriate But if he lease it to another then the Lessee must pay tithe to him and if he sow the Land that he must pay tithe as other men Brownl Rep. 69. 7 If a Parson impropriate keep his Glebe in his owne Suspension hands he cannot pay tithe to himself But if he sell or let it to another he shall pay lithe as other men And if a Parson purchase Land within his Rectory no Tythe is to be payed for this whiles it is in his own hands But if he after leasethe Parsonage his Lessee shall have tythe of this new purchased Land And if he make a Feoffment or Lease of the purchased Land his Feoffee or Lessee must pay tithe again Cook upon Litt. 139. 11 14. Broo. Dismes 17. Dyer 43 And if one purchase a Parsonage and a Manor in the parish discharged of Tythes and then lease part of the demeshes of the Manor it is said the Lessor shall have tythe of this part Breo Dismes 17. Sed quare of this 8 If Land lye in a Forest in any parish and is tythe free and the Forrest be disforrested now it shall pay Tythe in kind Crompt Jur. 52. Lord Ch. Baron at Sarum Assizes The alteration of payment as if in stead of the mony to be paid another sum or Tythes in kind have been paid for twenty years past will not destroy the Prescription Cook upon Lit. 14. Dyer 7. Lands may be discharged from paiment of tythes by a unity Sect. 4. By Act of Parliament and unity of possession together Whether gone or not of possession of the Parsonage and Lands which did pay Tithes by an Appropriation or otherwise in the hands of Religious and Ecclesiastical persons as they were called So that now at this day by the Statute of 31. H. 8. 13. Such a unity in the said Religious houses and persons will be a discharge to all Patentees from the payment of Tythes of Lands that came to the Crown by the same Statute But then this unity in the said Religious persons must have been Justa obtained by Right for if either the Parsonage Vicarage Tythes or Lands had come or been united to their houses by disseisins or other tortious and unlawful Acts this had not been a good discharge within the Statute 2 It must have been aequalis there must have been a Fee-simple both in the Lands out of which the Tithes were to be paid and in the Parsonage or Vicarage in them for if the Abbots Pryors or other Religious persons had held but by Lease that had not been such a unity as the Statute intended 3 It must have been libera free from the payment of any Tythes for if their Farmers or Tenants at Wil or years had paid tythes that had not been a sufficient unity to have discharged the Land 4 And lastly It must have been perpetua time out of mind And then for the infinite impossibility and impossible infinitenesse that such Immunities and discharges that such religious persons and houses had before time of memory could not be knowne such a unity had been a good discharge of the Lands in their own hands And if the Monastery were built in the time of memory or appropriated within the time of memory and tythe were paid before this it will not serve turn to discharge it And at this day such an unity is a good discharge for the Kings Patentees with the Statute of 31. H. 8. But such Lands as came to theCrowne by the Statute of 27 H. 8. of Dissolution must at this day pay Tythes although the Lands in the hands of such Religious persons or houses were discharged from the payment of Tythes for the priviledges being personal priviledges were extinguised by the Statute of Dissolution and there are no words in that Statute to save them Sta. 31 H. 8. 13. 7. H. 4. 6. 32. H. 8. 7. Cook 11. 14. 2. 42. Dyer 278 349. 277. CHAP. X. Of other Profits which the Parson and Vicar doth claim THere are some other smal profits which Parsons and Vicars claime as belonging to their Parsonages and Vicarages beside Tythe and money in lieu of Tythe as Mortuaries Oblations Obventions c. And as to Mortuaries Mortuaries these things are to be knowne 1 That no Mortuary is to be paid but where it hath been used to be paid 2. There shall be but one Mortuary paid and no more 3. No person that doth keep house must pay them 4 No woman that hath a husband shal pay them 5 No children must pay them 6 Where they are to be paid they must be paid after this proportion viz. he that dyeth having goods under Ten Marks shall pay nothing for Goods above that value and under Thirty pound but three shillings foure pence for Goods above Thirty pound and under Forty pound six shillings eight pence for goods above Forty pound how much ever it bee but Ten shillings 7 All this account must be made only out of the Goods remaining after debts paid 8. The Parson of the place where the party dwells no of the place where he dyeth must have it Stat. 21. Hen. 8. 6. 26. Hen. 8. 15. There is no more to be said for Obventions Oblations Oblations Obventions and Ofterings and Offerings which seem to be all one but that they by the Law now in force are to bee paid as formerly they have been Stat. 32. H. 8. 7. 27 H. 8 20. 2 3 Ed. 6. 13. Cook 11. 16. FINIS