and fold as the food of man, are a small or a great tythe.

In a cause between Mr Wyat, vicar of Well-Ham, and the impropriator, before the late Lord Chancellor Hardwicke, they were decreed to be (mall tythes, and to belong to the vicar.

In a cause between Mr Sims, vicar of East Ham, and the Impropriator, before the prefent chancellor, they were agreed to be great tythes. The

ntiff Sims appealed to the house of erus, and the decree was affirmed. It

A

d that "the glorious uncertainty of the law," is a frequent toaft among the B practitioners.

BEECH is not timber, of whatever growth, therefore tytheable, except in particular counties, where they are forced to use it for timber, and there it is privileged by the statute of sylva

cadua.

BIRCH is tytheable of whatever age. BRICKS pay no tythe because of the fubftance of the earth, and not an annual produce.

Broom has been held tytheable, tho' dug up to bring the land to tillage, which, in the end, would be for the benefit of the parfon. But, used to burn in the owner's family, it is not tytheable.

lamb, be paid, yet if any of the reft be reared, and fold before they yield profit to the parfon, or be used for the plough, a tythe of them fhall be paid.

Tythe of cattel feeding upon waftes or commons, where the bounds of parifles are uncertain, fhall be paid to the incumbent, where the owner inhabits.

CHALK is not tytheable.

CHEESE is only tytheable where tythe is not paid of the milk.

CHERRY-TREES have been held tythe free, as timber, where timber has been scarce.

CHICKENS are not tytheable when tythes are paid of eggs.

CLOVER. As to this article, the reader must reconcile the following contradictions as he can.

If clover is cut for bay, it is a great Ctythe; when fuffered to grow for feed, it is a fmall one. p. 59:

D

E

CALVES. The tenth calf is due as a tythe: If there are not ten, the tythe to be paid according to the value. If more than ten, the tythe of the furplus to be taken in the fame manner: But it is in fome places a custom to take one calf, if there are feven, upon con. dition that if there are under feven, a F half-penny only fhall be paid for each calf; and this cuftom has been held to be good.

The custom of paying the tenth part of the price of every calf fold, has also been held good.

The tythe for an odd number of lambs and pigs, is alfo paid according G

to the value.

Tythes of colts, calves, kids, pigs, and other young animals, are paid when they can be fafely weaned, and live without the dam.

CATTLE. The rule is, that fuch cattle as are discharged from tythe of agitment, are (in themselves, not in their product) discharged from all other tythes. Cattle within the parish liable to tythe of agiftment, are also lyable to any other cuftomary tythes.

Although the tenth colt, calf, or

H

If a man make his profit of cloverfeed, this being a grain, the parfon hall have a tythe of it; if he make his profit of the bay, the vicar fhall have it as a fmall tythe. p. 66.

Cafes are quoted for these oppofite pofitions, and we are told that it has been fince decreed, that the feed of clover is a fmall tythe.

It may be concluded, that as this is the last determination, it may be at prefent held for law.

COAL, is not tytheable, except by custom.

COLTS, are tytheable in the same manner as calves..

DEER not tytheable.

DOTARDS, old decayed trees, having been once privileged as Sylva Cadua, fhall not pay tythe, though afterwards cut down for the fire.

DOVES, kept in a dove-house are tytheable only by custom.

EGGS, are tytheable where tythe is not paid of chicken: the payment of 30 eggs in Lent has been held a good modus for all tythes of eggs.

ELM of 20 years growth is timber, and not tytheable.

FALLOW, if the parfon hath tythe of corn one year, and the land lies fallow the fecond, in order to be ploughed and fowed the third, the parfon fhall have no tythe for the fecond year. Yet if it can be proved by the occupier of tytheable land, refuse to plough and manure it with an intention to prejudice the parfan, the parfon may fué for the tythe of that land.

The parfon before he fues fhould

con

reaped, bound, and shocked the corn.

A custom for head lands fown with corn to be difcharged of tythes, because fed off with plough cattle, or mowed and cut for that purpose, was A adjudged to be good.

G

HAY is tytheable, but it has been generally held, that the owner is not bound, except by custom, to make his grafs into hay for the parfon, but only to fet it off in grafs-cocks. But the parfon,in that cafe, may of right make his hay on the land where it grew, and for that end, pass over the parishioners ground by the common path. Tythes are due of hay, mown to G feed deer.

HEAD LANDS. It was deemed a good difcharge from the tythe of hay, upon the head lands, that the owner

HEATH. It is faid under this head, that if tythe is paid of wool, milk and calves, of the cattle that have gone upon the land, no tythe is due for heath, fern, and broom.

But this is contrary to what is faid under Broom; which fee.

Wood cut for hedge poles is not tytheable.

HEMP is tytheable, and the tythe of hemp and flax is now fixed at five fhillings an acre.

HOLLY, is tytheable, though of more than twenty years growth, except where it is used as timber.

HONEY. Tythe of honey and wax ought to be paid in kind, and is a prædial tythe.

HOPS are tytheable, and with re fpect to hops, three things have been under confideration:

1. Whether the tythe be great or Small.

2. Whether a modus may be plead

Because the law will fuppofe that it. was originally in lieu of tythes of the land on which the houfes were built.

LAMBS are fuppofed to be a mixt Small tythe, yet have been deemed by the court a pradial and great tythe; they are tythed as calves. See Calves. LEAD not tytheable, but by cuftom. A LIME, not tytheable, but by custom. LOPPINGS. It is certain that the loppings of timber-trees of twenty years growth, if they have never been lopped before, fhall pay no tythes.

But whether the foppings of timber trees, which began to be lopped be. B fore they were twenty years growth, are tytheable or not tytheable is altogether uncertain, there being determinations in the book exprefsly contrary to each other, even in terms,

MAPLE, is tytheable, tho' of more than twenty years growth.

MAST. The maft of crabs is faid C by Degge to be tytheable, though on what authority doth not appear.

MILK is tytheable only where tythe is not paid of cheese. If no particular custom interferes, the parishioner is obliged to pay every tenth meal or milking intire; to milk the cows at the ufual place into his own pail, and the parfon is obliged to fetch it away in his own pails in a reasonable time'; ' if he does not fetch it before the next: milking time, the parishioner may throw it away, because he may have occafion for his pails.

MILLS. The tything of mills is involved in all the confufion and uncertainty of perfonal tythes (See p. 1 400.) and nothing certain can be gathered from this book, nor perhaps, from any book on the subject.

PARK. If a certain confideration in money has been paid as a modus! for all the tythes of a park, the modus fhall hold though the ground be dif parked. But if the modus was fpeci-. fically for deer and herbage, it ceases: upon the difparking of the ground. 14 PARTRIDGES, though kept tame, are not tytheable.

PEASE. See Beans.

PHEASANTS, not tytheable. PIDGEONS not ufed in the family, but fold, are tytheable. PIGGS. See Calves. QUARRIES, not tytheable. RABBITS. The books fay, both that they are tytheable, and that they are not tytheable."

+

By the report of a cafe in equity before Lord Hardwick, in 1751, it ap-t pears that they are not tytheable, but by custom.

RAKINGS left for the poor are not held to be tytheable; yet there have? been parions who have fued for the tythe of rakings left for the poor.

ROOTS of coppice wood, fubbed up (not tytheabie, if tythe has been paid: of the cuttings, and the trees be stubDbed before new branches fhoot.

E

SAFFRON pays a tythe, which is pædial and fall.

SALT is not tytheable but by cuftom, 'SHEEP. See Lamb and Wool. As to the tythe of depafturing theep, the law-books recite two cafes:

A

ift. The owner of theep depaftured: them in the parish, from Michaelmas to Lady day, and then fold them; the parton demanding the tythe of pafurage, the owner refufed to pay it, al-' ledging that he was liable to pay a tenth of the wool; but the court com. pelled him to pay tythe for depaftur. ing, because the fheep being gone out of the parish, before theering time, he could have no wool.

Under the word modus (See p. 401. Col. 2.) we were told that a modus is destroyed by the addition of another pair of itones to a mill.' Here we are told expreísly, that a modus 2d. Sheep were taken into depafis not deftroyed by the addition of a- ture after the corn was reaped; the nother pair of ftones to a mill.' parfon fued for tythe for their depaf[Gompare p. 46 of the treatise with p. 97.]ture, but the court faid, he had no MINES of all kinds are tythe tree. G NURSERIES are tytheable; if the owner pulls the plants up himself and fells them, he pays the tythe; if he fells them standing, the purchafer pays the tythe.

OAK, pays no tythe, as wood, at any age.

T

ORCHARDS, the fruit of orchards is H tytheable, though they are fown with grain which alfo pays tythe.

OSIERS not tytheable, becaufe employed in hurdles for theep.

right to tythe of the corn, and desi pafturage too.

If theep feed in one parish, and couch in another, the tythe thall be divided between the two parishes, affigning the greater part to the parifh's where they feed.

If foreign theep be fhorn in a parish the tythe hall be delivered to the rector of fuch parish, if proof be not given that fatisfaction has been made for the tythe elsewhere.

If a person buys theep before the

time of hearing, the tythe of wool when they are fhorn, fhall be proportionably divided between the parish whence they came, and the parish where they are thorn; but if the parish whence they came be not 'cer- A tainly known, the parish where they are thorn thall have the whole tythe. SLATE. Not tytheable. STUBBLE. Not tytheable. TARES, cut green, are faid to be a fmall tythe, when dried before cutting, a great one. Yet tares cut

green, and given to the cattle for the B plough, are not tytheable, under two confiderations, 14. that fufficient pas Sture was wanting, or, zď. that green tares was exempted from tythe by custom. TILE. Not tytheable.

3

TREES Large trees, which bear no fruit, and are not fit for timber, if cut down, and fold, fhall pay tythe. C See loppings. TURF is tythe free.

TURKIES are not tytheable, upon a fuppofition that they are fere naturai

WASTE. The tythe of cattle feeding on large waftes, where the parish is uncertain, fhall pay tythes to the parish where the owner dwells.

WILLOWS, not confidered as timber by local custom, if felled fhall pay tythe, though it is waste to fell. WOAD is tytheable, and the tythe.

is fmall.

D

WOOD. Whether a tythe of wood is due of common right, is a question undetermined, and of what wood E tythes fhall be paid. See Trees and Loppings. It seems to be governed by

custom.

Neither do we know certainly whe-' ther the tythe of wood is great or finall; for the courts have fometimes declared it to be small, and fometimes F great.

Wooz is tytheable, and the tythe due when clipped. Thought a man pay tythes of lambs at mark tide, and, at Michaelmas fhear the refidue, he shall pay tythe of the theering, tho' there be not more than two months between the times of tything and theering, Of letting out, and taking away Tythes. Every perfon is bound to fet out his tythes, and the laws of the church entitle the parfon to have notice.

The time and manner depends upon the custom of the place.

Tythes once fet out are lay chattles.

The care of tythes, as to spoiling, refts upon the parfon, after feverance, and not upon the owner of the land. After tythes are fet out, the parfon, or his fervants, may come and do what is necellary to be done to them 3.

1

The parfon may carry off his tythes either by the common way, or by the nine parts. fame way that the owner carried his

,,,! ་.

The parfon muft carry off his tythe in a reasonable time.

Of the remedies for recovering tythes. Tythes are now generally furd for in the courts of equity, and for the moft part in the Exchequer.

Of Tythes in London.

The revenue paid instead of tythes in the feveral parishes of London is raifed by affeffment, pursuant to an act of 23d of Ch. 2d.

The flipends for the minifters of the 50 new churches, are raifed purfuant to feveral acts of parliament from the duties on coals,

Errata, In the foregoing account, p. 460, col. 2. 1. 9. from bottom, in fome books, read, Tythe of Haps are to be paid.

Mr URBAN,

A

RISTOTLE, in his difcourfe on Poely, Chap. VI. declares for tragedy in preference to all the other kinds of writing, and fays, that by rar, it purges the mind of these perthe means of moving Pity and Terturbations. I have always thought this pallage very obscure; it looks as cuftoming themfelves to calamitous if it meant that the fpectators, by acobjects on the stage, should learn not to be moved by them in real life. If this was his intention, it is, by no means, a good moral effect, and does dy. Besides, the pleasure we receive not at all feem to recommend trage.. from it ceafes, when we have worn out the difpofition to receive thofe

impreffions.

It appears much more natural that' the effect of tragedy fhould be by railing Pity and Terror, to purge the contrary paffions, that is, to fubdue that confidence in profperity to which Gall men are liable to melt away hardness of heart, and, by giving us a quick fenfe of the calamities incident to our common nature, to chaf tise the vain, to foften the cruel, and, in a word, to humanize the whole man, and make him, by this means, a wifer and a better creature. This ef fect of tragedy is elegantly reprefented in the prologue to Cate

Tyeants no more their favage nature kept, And foes to Virtue wonder'd how they wept. It is at once the most moral end, and

fee a

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