The Society’s MSS.—Chisledon. 329 
their Tithes. Badbury Tithing also was inclosed by an Act of parliament but 
no- Notice whatever was taken either of the Tithes or the Vicar. 
The Rev. William Warner has lately been presented by Mr. Calley to the 
Vicarage of Chiseldon and on application to the Farmers and other Landholders 
of the said parish is informed by them that their small tithes are not payable in 
kind but that each of them pays a certain annual Sum to the Vicar by way of 
Modus or ancient Composition for or in lieu of all the small Tithes (except Wool 
and Lamb the Tithes of which belong to the Rector) of their respective Farms 
and on carefully perusing the Books and Papers of his Predecessors in this Living 
M* Warner finds that they have been accustomed at least from the year 1756 
(the date of the oldest Account he can find) to pay certain Annual Sums by way 
of Composition for all the Small Tithes of their Farms and it does not appear 
that those Compositions have ever altered. For Instance—William Baden occupies 
a Farm consisting of 245 acres of Land under Mr. Stone the Impropriator and 
for all the Small Tithes of that Farm it appears that he and the preceeding 
Tenants of that Farm always paid to the Vicar a Sum of 4'. Annually in lieu of 
all the Small Tithes of that Farm and one Shilling by way of Easter Offering. 
This Farm is now wholly pasture and the small Tithes thereof (exclusive of 
Lambs and Wool) have been lately valued at 30s"*. per Annum, but it can be 
proved that about 50 years ago by far the greater part of this Farm was arable 
and therefore the Small Tithes were then of very little value. 
Mr. Warner insists on payment of his Tithes in kind and contends for the 
reasons before stated that the 4. paid Annually by Mr. Baden and his predecessors 
was nothing more than a temporary Composition and that the payment is too 
large for a Modus and therefore rank and invalid. On the other hand Mr. Baden 
and particularly his Landlord Mr. Stone insist that it is a Modus and the latter 
declares that he will contest the point with Mr. Warner if any legal steps are 
taken by him and that if Mr. Warner should succeed he will again convert the 
whole Farm into Arable so that Mr. W. shall have no benefit whatever from his 
small Tithes. 
On referring to the Book of Account before mentioned to have been kept by 
the different Vicars from 1756 the following Entry appears every year as to this 
Farm viz'. 
“Thomas Mattingley one Years Comp. for Dairy House, £4” 
“Do one Year’s Off. 18/ making together £4. 1.” 
Vnder these Circumstances 
Query 
Your Opinion is requested on behalf of M' Warner whether he can 
compel M* Baden and the other Occupiers of Lands within the 
Tithing of Badbury to pay him their small Tithes in kind and if 
so what Steps would you advise him to take to obtain payment 
thereof ? 
Opinion. In a matter which depends as this does solely on a Question of Fact, 
. it is very difficult to form any Judgment what may be the Issue of 
any Litigation concerning it. The Vicar is entitled to the Small Tithes arising 
within this parish in kind in every case unless where they can be shewn to have 
been covered by a valid modus. To constitute a valid modus it must have existed 
immemorially that is from the time of Richard the first. If any clear and 
