The Society's MSS.—C/mledoU. 



320 



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 lias 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 r 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 1 . 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 30 us . 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 1 . 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 lie 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 1 . 



" Thomas Mattingley one Years Comp. for Dairy House, £4 " 

 "Do one Year's Off. I s / making together £4. 1." 

 Vnder these Circumstances 



Query Your Opinion is requested on behalf of M 1 Warner whether he can 



compel M r 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 he 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 



