Questions of Tithing, and their Resolutions.
The First Question.

1 PArishioners 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 [Page] (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 c. Cum ho­mines de de­cim. Glo. c. erroris dam­nabilis. Const. prou. Ang. de dec. ver. erro­re calculi..

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 c. Cum con­tingat. vbi glo. & DD. eod.. 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 l. Sine pos­sessione. ff. de vsucap., and that the Law is, that Tantum praescriptum est, quan­tum est possessum, & non plus, i. So much [Page] (and no more) in prescription, than in possessi­on l. Quod meo. §. fi. ff. de acquir. posses. cap. Auditis de praescript.: And again, in that prescription is not ex­tended ad futura, i. It reacheth not vnto profits of tythable grounds to come Pan in vlt. notabili. in d. c. cum con­tingat., 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 Host. Io. And in d. c. Cum contin­gat..

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 [Page] 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 Ancha. in c. Cum in tua­de deci. & Ant. But. in d. c. Cum in tua­ [...]d.: 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 Ant. But. in c. praeal. 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 ff. de reg. [...].. 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.

1 Of 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 [Page] 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 c. Quan­quàm. Pro­uin. ang. eo. vbi. elo. in ver. excisis.. 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 Gloss. cap. Sancta eccle­sia. prouin. ang. eo. ver. arborum. ad hoc l. arboti­bus ff. de vsusr.. 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, [Page] The Buyer Ext. de de­cim. c. Pasto­ralis. 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 c. Praeal. cod..

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 Pet. de an­cha. & DD. e. cum homines eod., but he can recouer but of one Ar. nd hoc de re iud. c. Bona fide. li. 6. Glo. pro­uin. Ang. de decim. ver. asportant.. 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 ff. Deleg. 3. l. Ligni § lig­norum verb. quid mirum., and reckoned in the number and amongst pre­diall Tythes.

The Third Question.

1 Of 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 Inno ext. de decim. c. commissum.. 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 c. Preal eod.. 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 [Page] be answered in the fruits Iuxt. notae, per Inno. vt sup. glo. ver. diuidenda. prou. an. co.. But note, that generally the occupyer of the Pasture is to pay the Tyth, and so is the Custome.

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 Prou. ang. c. quoniam propter § vo­lumus.: 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 Ancha. cap. peruenit. eod.: 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 [Page] Tythes be Ad hoc c. pastoralis. ext eod., that is, to that Parish Church where the grounds doe lie, without Deduction of charges.

The Fift Question.

1 OF 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 [Page] 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 c. 1. Cle. e.. 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 Arg. ad hoc ff. per quas personas no­bis § 1., 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 Glou. prou. ang. de dec. ver. decima lanae., 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 [Page] (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 Text. pro­uin. ang. ca. quoniam vt audivimus. eodem.: 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 [Page] 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. c. Ver. sed si oves.. But note, if the whole time they couch in one Parish, and depasture in another, the Tyth shall be diuided § si vero. const. preal..

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 § & si oves const. ead..

The Sixt Question.

1 FOr 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 Text pro­uin. ang. ca. quoniam propter de decim., 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 [Page] 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 Arg. ad. hoc inst. quod cum eo qui in alt. pot. § caeterum au­tem. & glo. const. prou. praeal. verb. possit recipe­re.. 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 c. verb. const. praeal..

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 c. Quoniam vt audivimus. const. prouin. ang. § agni. eod.. 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 [Page] 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 Ca. & § prae.: 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 Glo. c. & § praeal. verb. particulariter, that is (the seuerall times and places conside­red) the seuerall Churches in the tythes haue seuerall rights accordingly C. & § prae..

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 Rebuff. eo. q. 6. nu. 30. Inno. Host. & alij in ea. cum homines. eod., except custome hath obserued therin a time certaine, the which where so it is, there it must be continued. Looke custome the 6.

The Seventh Question.

1 MIlke and Cheese, viz. of Kine, of Sheep, or of Goats, they be recko­ned as In pecudum fructu, i. In the increase of such cattell ff. de vsufr. l. in pecudum. inst. de re. di. § in pecu­dum., 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 [Page] not to be tythed de reg. iur. in 6.: 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 c. quoniam propter prae. de decim., 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 c. Quoniam vt audivimus. praeal. § deci­ma..

3 Question also herein is moued further in Law c. quoniam propter. pre. § quid verò., where such tythes be payable in kind, and the number of cattell so small as Lynd­wood supposeth in cap. & § praeal. verb. modicitatem. 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 c. § praeal. in fin., 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 ext. e. ti. c. in aliquibus. [Page] 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 [Page] 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 c. Quoniam vt audivimus. praeal. § quod si prou. ang. e., and so shall the tyth bee rated and yeelded c. § prae. c.: by rate and proportion of time (by the month Gloss. c. § praeal. verb. estimentur.) 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.

1 FRuits 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 [Page] shall be gathered c. cum homi­nes, eod., and the reason is, Quià mi­nùs soluit, qui tardiùs so luit, i. Hee diminisheth his duty that delayeth the time l. si cui in fi­ne. ff. de verb. sig.: 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 c. cum homi­nes prae. eod. text.: to what satisfaction looke the Statute 2. Ed. 6.13. for fruits be Tythable, and prediall e. 1. c. ad A­postolice. c. peruenit eod..

The Nynth Question.

1 SEeds 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 c. quoniam propter prae. prou. ang. e., as they be per­ceiued and taken in Gardens, or in the fields, either of the seed, or of the hearb before the see­ding time Concor. ext. eo. c. ex parte canonicorum., Nisi parochiani competentem fece­rint redemptionem, i. Except the parishioners sufficiently shall redeeme or compound for the same c. quoniam propter prae.: these be Minutae decimae, i. Smal tiths according to the Euangelist Lu. 11. Ho. c. ex multipli­ci. eo., vz. Ye tyth mint and Rue, &c. and therefore in them no great question to be made.

The Tenth Question.

1 BY 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 c. Sancta ecclesia pre.: 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 glo. in d. c. verb. si ven. dantur. vbi ad hoc ext. eo. c. pastoralis, & Inno ext. c. commissum. e., viz. with the bur­then of Tythes.

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 DD. in cap. pastoralis, & alijs ca. eod., 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 c. quoniam propter, pre. § de proven­tibus. & ibi glo. verb. in­tigrè., and so [Page] for Bees, the tenth measure of Hony, the tenth waight of waxe, briefly, De cera & mel­le, i. Of Honie, and ware Host. & alij. c. nuntios. c.. 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 Ad hec. ff. de vsufr. l. vsu­fructu legato. & l. item si fundi.. 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.

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 [Page] 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 Inno. in ea. non est, eod. & ibi Host. verb. de vena­tione.: 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 Inno. in & Host. cap & verb. praeal.. 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 DD. praeal. in ca. pastora­lis, eod., the Parishioners that tooke them be chargeable withall to their pa­rish Church of A 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., 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 c. ad aposto­licae. eod., payable onely where the parishioners inhabit. c. quaesti. 16. q. 1.. But if the consideration mentioned here, re­quired [Page] and taken by the owners, commeth not by art, or industry, but Ex humo, i. By way on­ly, and meanes of the ground Inno. Host. in c. non est praeal. eod. verb. de vena­tione., from whence do arise all prediall Tythes c. 1. c. ad a­postolice. c. peruenit. prae. eod.: payable on­ly in the place and parishes within whose bounds and limits they are cap fin. de parochijs.. 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 Rebuff. eo. q. 8. nu. 17., but with profit Ancha. in praeal. c. non est. eo. col. 2.. 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: [Page] 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 Gloss. in c. sancta Eccle­sia prae. § 1. ver cignorum. It is affirmed of them, as of beasts, fowles, fishes DD. ext c. tit. c. non est., in the question last before. Hither by the chap­ter Sancta Ecclesia, in the Prouincials of Eng­land, be referred Geese and Ducks.

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 Gloss. in d. c. sancta eccle­sia. cap. quo­niam vt audi­vimus ver. pulli..

The Fifteenth Question.

1 TRades, 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 Gloss. in c. reuertimini. verb. annus, 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 2. Ed. 6.13.. Looke the Summaries of the Statutes ensuing. There are of these personall Tythes (in diuers cases) Opinionum conflictus, i. Diuersities of opini­ons Rebuff. q. 13. nu. 44. & ibi. cit. But. in. c. parochianos. in fin. eod.: but herein they agree, viz. Hae Decimae personales, magis in difficultate, & subtilitate, [Page] quàm vtilitate consistunt, i. They are, these personall Tythes, more intricate then profita­ble Host. in ca. pastoralis in fin. eod. & 10. de tur. cre. in c. reuertimini proeal. nu. 12. ver. ad septi­mum. 16. q. 1.: 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 Host. in. ca. ex transmissa. eod. arg. ca. Oblationes. 90. dist. Deut. 23.: 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 c. miror. 17. q. 4. their Iniquities c. si tantum 6. q. 2. hec Rebuff. q. 5. nu. 18. & 19..

Heere doe end the Questions of Ty­thing, moved (in times past) and answered: and which be new vrged (ordinarily) and decided at this day.