T I T 



who coniluaed him to the Ifle of Wight— Beauties of 

 Enj,'luiid aiid Wales, vol. vi. Hampfhire ; by J. Bntton and 

 E.W. Braylcy. ^ . . 



TITCHVIN, a town of Rufiia, in the government ot 

 Novgorod, on the river Sias ; 84 miles N.N.E. of Novgo- 

 rod. N. lat. 59' sz'. E. long. 33" 14'- 



TITE. See Tight. 



TITEA, in Mythology, tlie svife of Uranus or Coelus, by 

 whom he is faid lo'have had eighteen children, each of which 

 had his own name, though they were generally defignated 

 by the appellation of Tilans ; which fee. This princefs, after 

 her death, received divine honours, and (he was called after 

 her name. 



TITERUD, in Geography, a town of Norway, in the 

 province of Aggerhuus ; 38 miles N. of Chriftiana. 



TITHENIDIA, T.9wJ.a, in Antiquity, a Spartan fefti- 

 val, fo called from TiS^vai, nurfes, who at this time carried 

 the male infants committed to their charge to the temple of 

 Diana Corythallia. For the ceremonies obferved on this 

 occafion, fee Potter, Archaeol. Gra:c. lib. ii. cap. 20. torn. i. 

 p. 432, feq. 



TITHES, Tythes, Tenths, Dec'ima, <fc Diximes, the 

 tenth part of the increafe, yearly arifing and renewing from 

 the profits of lands, the ftock. upon lands, and the perfonal 

 induftry of the inhabitants ; allotted to the clergy for their 

 maintenance. 



Tithes effentially differ from offerings, oblations, and oiven- 

 liont, whicli are the cuftomary payments for communicants 

 at Eafter, for marriages, chriftenings, churching of women, 

 burials, and fuch like. See Oblation's. 



Tithes, with regard to their feveral kinds or natures, are 

 ptrfnnal, predial, and mixl. 



Tithes, Perfonal, are thofe due or accruing from the 

 profits of labour, art, trade, navigation, and induftry of 

 men ; and of thefe, only the tenth part of the clear gains and 

 profits is due ; after charges dedufted. 



Tithes, Predial, are tiiofe which arife merely and imme- 

 diately from the ground ; as grain of all forts, hay, wood, 

 fruits, herbs ; for a piece of land or ground, being called 

 in Latin preedium (whether it be arable, meadow, or paf- 

 ture), the fruit or produce of it is cdHlleA predial. 



Tithes, Mixt, are thofe which arife not immediately 

 from the ground, but from things immediately nourifhed by 

 the ground, as from beads, and other animals fed with the 

 fruits of the earth ; as colts, calves, lambs, chickens, milk, 

 cheefe, eggs. 



Tithes, with regard to their value, are divided into great 

 zndfmall. 



Tithes, Great, are thofe of corn, hay, and wood. 



Tithes, Small, zre the predial tithes oi other kinds, to- 

 gether with thofe that are called mixt and perfonal. It is 

 faid, that this divifion may be altered by cuftom, which will 

 make wood a fmall tithe in the endowment of the vicar ; by 

 quantity, which will convert a fmall tithe into great, if the 

 parifh is generally cultivated with it ; and by change of 

 place, which makes the fame things, e. g. hops in gardens, 

 fmall tithes, in fields great tithes. But it has been admitted, 

 that the quantity of land within any parifli, that is cultivated 

 for a particular produce, cannot change the nature of the 

 tithe : and, according to this opinion, the law is now fettled, 

 that the tithes are to be denominated great or fmall, accord- 

 ing to the nature and quality of them, and not according to 

 the quantity. 



It has been faid by lord Coke and many others, that be- 

 fore the council of Lateran in the year 1180, a man might 

 have given his tithes to what chiu-ch or monaftery he pleafed ; 

 but this 18 denied by Dr. Prideaux. It is now certain, that 



TIT 



titlies of common light do belong to that church, withir 

 the precinfts of whofe parifli they arife ; and this regulation, 

 correfponding with the ancient law of the land, was enjoined 

 by a decretal epiftle of Innocent III. to the archbiftiop of 

 Canterbury, in the year 1 200. (2 Inft. 641. 2 Blackft. 

 Com. 27.) But though one pcrfon may prefcribe to have 

 tithes within the parifh of another ; this is what is called a 

 " portion of tithes." (Gibf. 663.) Tithes extra-parochial, 

 or within the compafs of no certain parifh, belong to the 

 crown, and may be granted to whom the king will, i Roll's 

 Abr. 657. 2 Infl. 647. 



It is a general rule, that of common right tithes are to 

 be paid for every thing that yields an annual increafe ; but 

 this rule admits of exceptions, e. g. tithe is due from faflTron, 

 though gathered but once in three years ; and on wood that 

 is felled or lopped, ciWeAfylva Cocdua, though it is not re- 

 newed every year : and on the other hand, tithes Ihall be 

 paid for the produce of feeds, as of clover, fown on tlu: 

 fame ground, though renewed oftener than once a year 

 No tithes Ihall be paid of common right for any thing that 

 is of the fubftance of the earth, or which is not of annual 

 increafe, as ftone, lime, coal, tin, lead, and fuch like ; nor 

 for creatures that are ferrt naturir, or of a wild nature, as 

 deer, hawks, fifh, &c. whofe increafe fo as to profit the 

 owner is not annual, but cafual ; unlefs tithes in either of 

 thefe cafes are payable by cufloni. Dcgge, p. 2. c. 8. 

 : Inft. 6jl. 664. 



Lands, and their occupiers, may be exempted or dii- 

 charged from the payment of tithes, either in part or totally, 

 by a real compofition, or by cuftom and prefcription. 



A real compofition is when an agreement is made between 

 the owner of the lands, and the parfon or vicar, with the 

 confent of the ordinary or patron, that fuch lands fhall for 

 the future be difcharged from payment of tithes, by reafon 

 of fome land, or other real recompence given to the parfon, 

 in heu and fatisfaftion thereof. But thefe compofitions are 

 now reftrained by the difabling ftatute 13 Eliz. cap. 10. 

 See Composition. 



A parfon may bind himfelf by deed to accept of a com- 

 pofition for tithes during life, or incumbency of a par- 

 ticular living. It is alio very common to agree by parol 

 for an annual compofition for tithes, which binds the 

 parties to it till fufficient notice given of dilTent from the 

 agreement, but what is fufficient notice to determine fuch 

 an agreement, has never been decided in terms. See Leases 

 by Statute. 



A difcharge by cuftom or prefcription is, where time out 

 of mind fuch perfons, or fuch lands, have been either par- 

 tially or totally difcharged from the payment of tithes. The 

 difference between eujtom and prefcription is this : Ctiflom is 

 that which gives right to a province, county, hundred, city, 

 or town, and is common to all within the refpeftive limits ; 

 in pleading of which it is alleged, that in fuch a county or 

 the like, there is, and time out of m.emory hath been, fuch 

 a cuftom ufed and approved therein. Prefcription is that 

 which gives a right to fome particular houfe, farm, or other 

 thing ; in pleading of which it is alleged, that all they 

 whofe eftate is had in fuch land, have time out of mind paid 

 fo much yearly, or the like, in full fatisfaftion of all tithes 

 arifing on thofe lands. ( Gibfon, 674. ) And there is this 

 difference between a prefcriptive and cuftomary modus, that 

 the former is annexed to the lands v.-hich it covers, whereas 

 the latter exifts in aftion of law, independent of the lands 

 by force of the cuftom of the diftrift. In a prefcriptive 

 modus, therefore, the lands muft be definite, and not liable 

 to fhift. And therefore a bill to eftablifh a modus for every 

 ancient farm, but nut fetting out the abuttals of each, was 



difmiffed. 



