T I T 
A modus decimandi, usually called by the 
name of modus only, is where there is by 
custom a particular manner of tithing, diffe- 
rent from the general laws ot taking tithes in 
kind, '[’his is sometimes a pecuniary com- 
pensation, as so much an acre for the tithe of 
land ; sometimes a compensation in work and 
labour ; as that the parson shall have only 
the twelfth cock of hay, and not the tenth, in 
consideration of the owner’s making it for 
him; sometimes in lieti of a large quantity, 
when arrived to grdat maturity ; as a couple 
of fowls in lieu of tithe-eggs, &c. Any means 
in short, whereby the general law' ot tithing 
ia altered, and a new method ot taking them 
is introduced, is called modus decimandi, or 
special method of tithing. 2 Black. 29. 
In order to make a modus or prescription 
good, several qualifications are requisite. It 
must be supposed to have had a reasonable 
commencement ; as that at the time of the 
composition, the modus was the real value of 
money, though now become much less. It 
must be something for the parson’s benefit ; 
therefore the finding straw for the body of the 
church, the finding a rope for a bell, the pay- 
ing 5s. to the parish-clerk, have been ad- 
judged not to be good. But it is a good mo- 
dus to be discharged, that one has time out 
of mind been used to employ the profits for 
the repair of the chancel, for the parson has 
a benefit by that. 
A modus must be certain; so a pre- 
scription to pay a penny or thereabouts, for 
every acre of land, is void for the uncertainty. 
And’ it has been held, that if a precise day of 
payment is not alleged, the modus will be 
ill'; but now it is ffiolden, that where an 
amenial modus has been paid, and no certain 
day for the payment thereof is limited, the 
same shall be due and payable on the last day 
of the year. » 
A modus must be antient; and therefore 
if it is any thing near the value of the tithe, 
it will be'supposed to be of late commence- 
ment, and for that reason will be set aside. 
A modus must be durable : for the tithe in 
kind, being an inheritance certain, the re- 
com pence tor it should be as durable ; there- 
fore a certain sum, to be paid by the inha- 
bitants of such a house, has been set aside, 
because the house may go down and none in- 
habit it. 
And it must be constant and uninterrupted; 
for if there have been frequent interruptions, 
no custom or prescription can be obtained. 
But after it has been once duly obtained, a 
disturbance for ten or twenty years shall not 
destroy it. 
When a common is divided and inclosed, a 
modus shall only extend to such tithes as the 
common yielded before inclosure ; such as 
the tithes of wool, lambs, or agistment ; but 
not to the tithes of hay and corn, which the 
common, whilst it was common, did never 
produce. Bur. 1735. 
The parson cannot come himself and set 
out his tithe without the consent of the 
owner ; but he may attend and see it set out; 
yet the owner is not obliged to give him no- 
tice when he intends to set it out, unless, by 
special custom. Id. 1891. Alter it is set 
out, the care thereof as to wasting or spoiling, 
rests upon the parson, and not upon the 
owner of the land; but the parson may 
spread, dry, and prepare his corn, hay, or the 
T I T 
like, in any convenient place upon the ground, 
till it is sufficiently weathered, and fit to be 
carried into the barn. And be may carry 
his tithes from the ground, either by tire 
common way, or such other way as the 
owner of the land uses to carry away his nine 
parts. If the parson suffers his tithe to stay 
too long upon the land, the other may dis- 
train the same as doing damage, or he may 
have an action on the case ; but he cannot 
put iu his cattle and destroy the corn or other 
tithe, for that would be to make himself 
judge what shall be deemed a convenient 
time for taking it away. Lord Raym. 189- 
Payment of tithes. By I Geo. I. c. 6, all 
customary payments due to clergymen, the 
payment of tithes, &c. are enforced ; and the 
prosecution in this case may be for any tithes 
or church-rates, or any customary or other 
rights, dues, or payments, belonging to any 
church or chapel, which of right by law and 
custom ought to be paid for the stipend or 
maintenance of any minister or curate, offi- 
ciating in any church or chapel, provided 
that the same does not exceed 20/. But the 
time is not limited, within which the same 
shall become due. 
And if any quaker shall refuse to pay or 
compound for the same, any parson, vicar, 
curate, farmer, or proprietor of such tithes, 
or any churchwarden, chapelwarden, or other 
person who ought to have, receive, or collect 
any such tithes, rates, dues, or payments, 
may make complaint to any two justices, 
other than such as is patron of the church or 
chapel, or interested in the tithes. 1 he 
number of days is not limited between the 
time of refusal and the complaint ; nor is it 
hereby required that such complaint shall be 
in writing. But it will be more conformable 
to the usual practice in like cases, it it is in- 
writing. Upon which complaint, the said 
justices are required to summon in writing, 
under their hands and seals, by reasonable 
warning, such quaker, against whom such 
complaint shall be made. And after appear- 
ance, or on default of appearance (the warn- 
ing or summons being proved before him 
upon oath), they may proceed to examine on 
oath the truth of the complaint, and to as- 
certain and state what is due and payable ; 
and by order under their hands aud seals, 
they may direct and appoint the payment 
thereof, so that the sum, ordered as aforesaid, 
does not exceed 10/. ; and also such costs and 
charges, that upon the merits of the cause shall 
appear, not exceeding 105. ; and on refusal 
to pay, any one of the two next justices, by 
warrant under his hand and seal, may levy 
the same by distress and sale, rendering the 
overplus, the necessary charges ot distraining 
being iirst deducted and allowed by the said 
justice, unless it is in the case ot appeal, and 
then no warrant of distress shall be granted 
till the appeal shall be determined. Tithes 
under the value of 40/. may also be recovered 
bv the same process from persons who are 
not quakers. As no time is limited for de- 
taining the distress, nor charges allowed for 
keeping it, it may be sold immediately. 
Any person who shall think himself aggriev- 
ed by the judgment of the two justices, may 
appeal to the next session; where it the 
judgment shall be affirmed, they shall decree 
the same by order of session, and give costs 
iga’.nst the appellant, to be levied by distress 
TOD 
and sale, as to them shall seem reasonable , 
and no proceeding herein shall be removec 
by certiorari, or otherwise, unless the title o 
such tithes shall be in question. 
The withholding of tithes from tne paison 
or vicar, whether the former is a clergyman 
or lay-appropriator, is among the pecuniary 
causes cognizable in the ecclesiastical coin ' L , 
but herein a distinction must be taken: for 
the ecclesiastical courts have no jurisdiction 
to try the right of tithes, unless between 
spiritual persons, between spiritual men and 
laymen, and are only to compel the pay- 
ment of them when the right is not disputed.. 
2 Inst. 364. 
Tithes, however, if of any considerable 
value, are generally sued tor in the exchequer 
by English bill, except where the suit is 
founded on the statute of 2 and 3 Ed. v I. for 
double or treble value, &o. 
TITHINGMEN. In the Saxon times, for 
the better conservation ot peace, and the 
more easy administration ot ju-stice, _ every 
hundred was divided into ten districts or 
tithings, each tithing consisting ot ten triborgs, 
each friborg of ten families ; in which tithing- 
men, or civil deans, were to examine and de- 
termine all smaller differences between vil- 
lages and neighbours, but to refer all greater 
matters to the superior courts, which had a 
jurisdiction over the whole hundred. 
TITLE, in law, denotes any right which a 
person as to the possession of a thing , or 
an authentic instrument, whereby he can 
prove his right. See Right, &c. 
As to the titles of the clergy , they denote 
certain places wherein they may exercise 
their functions, 'there are several lessons 
why a church is called titulus; but that 
which- seems to be the best, is because an- 
tientlv the name of the saint to whom the 
church was dedicated, was engraved on the 
porch, as a sign that the saint had a title 
to that church; and thence the church 
itself was afterwards called titulus. In this 
sense a title signifies tire church to which a 
clergyman was admitted, and where he is 
constantly to reside ; and by the canons, 
none shall be ordained without a title. 1 his 
is in order to keep out such from the ministry 
who, for want of maintenance, might bring a 
disgrace upon the church. Can. 31. 
In short, according to some writers, such a 
title is an assurance of being preferred to an 
ecclesiastical benefice; that is to say, a cer- 
tificate that the clerk is provided ot some 
church or place, or where the bishop that or- 
dains him, intends shortly to admit him to a 
benefice or curacy then void. 
TITMOUSE.* See Parus. 
TMESIS, in grammar, a figure whereby 
a compound word is separated into two parts,, 
and one or more words placed between them : 
thus, for quaecunque, Virgil says, quae me 
cunque vocant terrae, &c.. 
TOAD. See Ran a-. 
TOBACCO. See Nicotiana. 
TODUS, the tod’/, in ornithology, a genus 
belonging to the order ot pic:e. 1 lie beak is 
slender, depressed, broad, and the base beset 
with bristles; the nostrils are small and oval; 
the toes are placed three before and one be- 
hind ; the middle are connected to the 
outer. There are 15 species according to 
Dr. Latham. “ Birds of this genus (says 
