T I T 
T I T 
r ot 
T I T 
according to professor Lampadius, as fol- 
low#: 
Gallic acid, Sulphuric, 
Phosphoric, Muriatic,, 
Arsenic, Nitric, 
Oxalic, Acetic. 
TITHES, are the tenth part of the increase 
yearly arising and renewing from the profits 
of lands, the stock upon lands, and the per- 
sonal industry of the inhabitants. And hence 
they are usually divided into three kinds; 
pre dial, mixed, and personal. 
Predial tithes are such as arise merely and 
immediately from the ground, as grain of all 
sorts, hay, wood, fruits, herbs; for a piece ot 
land or ground, being called in Latin pra- 
Uium, whether it is arable, meadow, or pas- 
ture, the fruit or produce thereof is called 
predial, and consequently the tithe payable 
for such annual produce is called a predial 
tithe. 
Mixed tithes are those which arise not im- 
mediately from the ground, but from things 
immediately nourished from the ground; as 
by means of cattle depastured thereupon, or 
otherwise nourished with the fruits ; as colts, 
calves, lambs, chickens, milk, cheese, eggs. 
Personal tithes are such as arise from the 
labour and industry of man, employing 
himself in some personal work, artifice, or 
negot iation ; being the -tenth part of the clear 
gain, after charges deducted. Watts, c. 59. 
But this is seldom paid in England, except by 
especial custom. 
Tithes with respect to value, are divided 
into great and small. Great tithes, are corn, 
hay, wood. Small tithes, are the predial 
tithes of all other kinds, together with those 
that are mixed, and personal. 
Tithes of common right belong to that 
church, within the precincts of whose parish 
they arise. But one person may prescribe 
to have tithes within the parish of another; 
and this is what is called a portion of tithes. 
No tithe is due de jure of the produce of a 
mine, or of a quarry, because this is not a fruit 
of the earth, renewing annually ; but is the 
substance of the earth, and has perhaps been 
so for a great number of years. 1 Rol. Abr. 
637. 
But in some places tithes are due by cus- 
tom of the produce of mines. 2 Vern. 46. 
No tithe is due of lime: the chalk of which 
this is made being part of the soil. 1 Rol. 
Abr. 637. 
Tithe is not due of bricks, which are made 
from the earth itself. 2 Mod. 77. 
Nor is tithe due of turf, or of gravel ; be- 
cause both these are part of the soil. 1 Mod. 
35. 
It has been held, that no tithe is due of 
salt, because this does not renew annually. 
1 Rol. Abr. 642. 
But every one of these, and all things of 
the like kind, may by custom become titfi- 
able. I Rol. Abr. 642. 
Barren land converted into tillage: no 
tithe shall be paid for the first seven years ; 
but if it is not barren in its own nature, as if it 
is woodland, grubbed and made fit for tillage, 
tithes shall be paid presently ; for woodland 
is fertile, net barren. 1 Rol. Abr. 
Glebe lands, in the hands of the parson, 
«hall not pay tithe to the vicar, nor being in 
the hands of the vicar, shall they pay tithe to , 
the parson, because the church shall not pay 
10 
tithes to the church. But if the parson lets 
his rectory, reserving the glebe lands, he 
shall pay the tithes thereof to the lessee. 
Gibs. 661. 
No tithes are due for houses ; for t ithes are 
only due of such things as renew from year to 
year. 11 Rep. 16. But houses in London 
are, by decree, which was confirmed by an 
act of parliament, made liable to the payment 
of tithes. 2 Inst. 659. There is likewise in 
most antient cities and boroughs, a custom to 
pay tithfes for houses; without which there 
would be no maintenance in many parishes 
for the clergy. 11 Rep. 16. 
As to mills, it is now settled by a decree 
of the house of lords, upon an appeal from a 
decree of the court of exchequer, that only 
personal tithes are due from the occupier of 
a corn-mill. 2 Pere Will. Rep. 463. 
The occupier of a new-erected mill, is 
liable to tithes, although such mill is erected 
upon land discharged of tithes. Cro. Jac. 
429 
Agistment, agisting in the strict sense of 
the word, means the depasturing of a beast 
the property of a stranger ; but this word is 
constantly used, in the books, for depasturing 
the beast of an occupier of land, as well as 
that of a stranger. 5 Bac. Abr. An occupier 
of land is not liable to pay tithe for the pas- 
ture of horses, or other beasts, which are 
used in husbandry in the parish in which they 
are depastured ; because the tithe of corn is 
by their labour increased. 1 Roll. Abr. 646. 
But if horses or other beasts are used in hus- 
bandry out of the parish in which they are 
depastured, an agistment tithe is due for 
them. 7 Mod. 1 14 No tithe is due for the 
pasture of milk-cattle which are milked in 
the parish in which they are depastured; be- 
cause tithe is paid of the milk of such cattle. 
Lord Raytn. 130. No tithe is due for the 
pasture of a saddle-horse which an occupier 
of land keeps for himself or servants to ride 
upon, Cro. Jac. 430. 
An occupier of land is liable to an agist- 
ment tithe for all such cattle as he keeps for 
9ale. Cro. Eliz. 446. Milk-cattle which are 
reserved for calving, shall pay no tithe for 
their pasture whilst they are dry; but if they 
are afterwards sold, or milked in another 
parish, an agistment tithe is due for the time 
they were dry. Lord Raym. 130. No tithe 
is due from an occupier of land for the pas- 
ture of young cattle, reared to be used in hus- 
bandry or for the pail. Cro. Eliz. 476. But 
if young beasts are sold before they come to 
such perfection as to be fit for husbandry, or 
before they give milk, an agistment tithe must 
be paid for them. Het. 86. If cattle also, 
which have neither been used in husbandry, 
nor for the pail, are, after having been kept 
some time, killed, to be spent in the family’of 
the occupier of the land on which they are 
depastured, no tithe is due for their pasture. 
Jenk. 28 1 . 
No tithe is due for the cattle, either of a 
stranger or an occupier, which are depastured 
in grounds that have in the same year paid 
tithe of hay. 2 Rol. Rep. 191. But it is ge- 
nerally true, that an agistment tithe is due for 
depasturing any sort of cattle the property of 
a stranger. Cro. Eliz. 276. No agistment 
tithe is due for such beasts, either of a stranger 
or an occupier, as are depastured on the 
headlands of ploughed fields ; provided, that 
these are not wider, than is sufficient to tarn 
the plough and horses upon. 1 Rol. Hep; 
646. No tithe is due for such cattle as are 
depastured upon land that has the same veat 
paid tithe of corn. Mod. 216. If iand, wind: 
has paid tithe of corn one year, is left unsown 
the next year, no agistment is due for suefi 
land; because by this lying fresh, the tithe 
of the next crop of corn is increased. 1 Rol, 
Rep. 642. But if suffered to lie fallow longer 
than by the course of husbandry is usual, ar 
agistment tithe is due for the beasts depas- 
tured upon such land. Shep. Abr. 1098. ( 
Sheep, after paying tithe of wool, had been 
fed upon turnips not severed, bv which the! 
were bettered to the value 'of five shilling’s: 
each, and were then sold ; it also appeared, 
that before the next shearing time, as man! 
had been bought in as were sold, and that 
of these tithe of wool had been paid, ft was 
insisted, that if an agistment was to be pail 
for the sheep sold, it would be a double tit™ 
ing ; but the court held that this was a new) 
increase, and decreed the defendant to ac- 
count for an agistment tithe. Gibs. Rep. in 
Equi. 231. But in a later case the cour 
held, that no agistment tithe should be paid 
because sheep are aniinalia fructuosa. Bunl] 
278. 
Corn. It is held that no tithe is due of til 
rakings of corn involuntarily scattered. Cn 
Eliz. 178. But if more oi any sort of cor 
is fraudulently scattered, than there woul 
have been scattered if proper care bad bee 
taken, tithe is due of the Takings of such cor 
Cro. Eliz. 475. No tithes are due of th 
stubbles left in corn-fields, after mowing c 
reaping of corn. 2 Inst. 26l. 
Tithe of hay is to be paid, though beasi 
of the plough or pail, or sheep, are to b 
foddered with such hay. 12 Mod. 197. Bi 
no tithe is due of hay upon the headlands 
ploughed grounds, provided that such heat 
lands are not wider than is sufficient to tur 
the plough and horses upon. 1 Rol. Abr. 64( 
It is laid down in an old case, that if a ma 
cuts down grass, and while it is in the swath 
carry it away, and gives it to his plough-ca 
tie, not having sufficient sustenance for thet 
otherwise, no tithe is due thereof. 1 Rq 
Abr. 645. And in a modern case, the cou 
of exchequer was of opinion, that no lithe 
due of vetches, or of clover, cut green an 
given to cattle in husbandry. Rumb. 27{ 
Wood. Tithe of wood is not due in corr 
mon right, because wood does not renew ai 
nually ; but it was in antient times paid i 
many places by custom. 2 Inst. 645. Faj 
got wood, however, pays tithe. 
Exemptions from tithes are of two kinds 
either to be wholly exempted from payiri 
any tithes, or from paying tithes in kind. Th 
former is called de non decimando; the latti 
de modo decimandi. 
Prescription de non decimando, is to b 
free from the payment of tithes, without an 
recompence for the same. Concerning whicl 
the general rule is, that no layman can pr< 
scribe in non decimando ; that is, to be dii 
charged absolutely of the payment of tithe; 
and to pay nothing in lieu thereof; unless h 
begins his prescription in a religious or ecck 
siastical person. But all spiritual persons, i 
bishops, deans, prebendaries, parsons, an 
vicars, may prescribe generally in non dec; 
mando. 1 Rol. Abr. 653. 
