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Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
truth_n	capable_a	find_v	great_a	138	4	2.0642	3	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A61555	Ecclesiastical cases relating to the duties and rights of the parochial clergy stated and resolved according to the principles of conscience and law / by the Right Reverend Father in God, Edward, Lord Bishop of Worcester.	Stillingfleet, Edward, 1635-1699.	1698 (1698)	Wing S5593; ESTC R33861	132,761	428

understood to be left to the natural Course of things and so the Appropriation sinks III. The third legal Exemption is from Prescription and ancient Compositions This seems a difficult Case because something less than the real Value is to be taken and the Rule in Lyndwood is non valet consuetudo ut minus quam Decima solvatur but in all such Prescriptions and Compositions there is less than the true Value To clear this matter I shall shew 1. That by our Ecclesiastical Law all Compositions are not condemned 2. That by the Common Law all Prescriptions are not allowed And if these things be made out it will follow that where the Compositions and Prescriptions are legal the Clergy may with good Conscience submit to them as they do in other matters of Law 1. As to the Ecclesiastical Law Lyndwood himself makes these Limitations 1. In case of personal Tithes He grants that as to them a Man may with a good Conscience observe the Custom although it be under the real Value Now these are founded on the same Laws that Praedial and Mixt Tithes are and by the Stat. 2 E. 6. c. 13. they are reduced to a customary Payment before Easter as it had been used Forty Years before But besides these there were Offerings to be compounded for and the Easter Duties are a kind of Composition for personal Tithes 2. In small Tithes the customary Payment is allowed The Payment in Lyndwood's time was 6 ob for Six Lambs because it was the Tenth of the Value at that time of a Lamb of a year old the Seventh Lamb was to be paid in kind for which 3 ob were to be paid back because three Lambs were wanting of the Number Ten. But can any one believe that 5 d. was the true Value then of a Lamb of a year old And Lyndwood doth not suppose it be the exact Value but it was such as the Provincial Constitution determined and he allows Compositions super minutis Decimis 3. Compositions were allowed with the Bishop's Consent with Lay-persons for their Tithes As to what is past there was no doubt but for the future he saith it doth not hold sine Iudicis auctoritate which implies that by his Consent it may And if so then a Modus decimandi so qualified is allowed by the Ecclesiastical Law Such Compositions as these were entred into the Bishop's Registries and if they were then made upon a valuable Consideration at that time I doubt the Force of Custom will get the better of the Reason that may be taken from the great Difference of Valuation of things 2. Let us now consider what Prescriptions and Compositions are not allowable at Common Law 1. No Prescription de non decimando is allowed among Lay-persons because none but spiritual Persons are by the Law capable of Tithes in their own Right A Lay-man saith Mr. Selden cannot be discharged of all Payment by meer Prescription unless he begin the Prescription in a Spiritual Person And to the same purpose our great Lawyers speak But in the famous Case of Pigot and Hern a Distinction was found out which may prove of dangerous Consequence viz. That although the Lord of a Manor cannot prescribe for Tithes because he is not capable of them by our Law yet he may prescribe for a tenth Shock as a Profit apprendre as a thing appurtenant to his Manor and so he may have decimam garbam but not Decimas garbarum Upon which Resolution it is said in the Bishop of Winchester's Case That the Lord of a Manor may have Tithes as appurtenant to his Manor For which there is no Foundation in our Ancient Laws or Customs that I can find and is inconsistent with what is before acknowledged that none but Spiritual persons are capable of Tithes But in plain Truth this Case is not truly represented and my Lord Chief Justice Hobart a person of great Judgment and Learning in the Law hath told the World That this famous Reporter hath sometimes given his own Opinion and that sudden instead of the Resolution of the Court which must take much off from the Authority of his Reports especially when the Case is differently reported by others as it falls out in this Case For Serjeant Moor who was of Councel in that Case saith That the Defendant pleaded a Modus decimandi in Satisfaction for Tithes which was 6 s. per Annum But as to the other point Whether such an Ancient Modus being made with the Lord of a Manor binds the Copy-holders it is out of our way but surely there ought to be good Proof that the Modus was made before the Copy-holds holds were granted which is not offered but only that it might be so which deserves no other Answer but that it might not be so And it is hard indeed when Judgments are given upon Possibilities And for the Distinction of decima Garba and Decimae Garbarum in a Composition for Tithes is the same thing Mr. Selden as to this Case of Pigot and Hern saith It was an Inheritance of Tithes from immemorial time by Virtue of an Ancient Composition And he would not understand the Judges in any other Sense For no kind of Infeodation of Tithes is allowable here he saith so as to create in Lay-men a perpetual Right to them except only by the Statute of Dissolution of Monasteries unless it be derived from some Ancient Grant of Discharge from the Parson Patron and Ordinary with a Consideration of Recompence to the Parson and that either from time immemorial or Ancient Composition And to the same purpose he speaks in another place where he owns that by our Law every Parson had a common Right to the Tithes of all annual Increase Praedial or Mixt within the limits of his Parish and any Title or Discharge must be specially pleaded 2. Where a Prescription is pleaded de Modo decimandi the actual Recompence by Composition must be shewed For as my Lord Coke saith a Modus decimandi is intended as a yearly Sum in way of Satisfaction for the Tithes to the Parson which Rolls calls the Actual Recompence In the Register the Account of the Modus decimandi is thus set down 1. There was a real Composition as Four Acres of Land for some small Tithes 2. There was an Agreement in Writing by the Consent of Ordinary and Patron But my Lord Coke saith the Modus may as well be for a Sum of Money as for Land Suppose no Ancient Composition in Writing can be produced how far doth a Prescription hold 1. It must be immemorial or time out of mind Here a great Point arises fit to be considered Suppose the thing it self hath been within Memory as Improvements by Hops Fruit-trees c. doth not a Composition bind in this Case I answer that we are to distinguish Personal Contracts from Real Compositions In the