TITHES. 
cattle which are milked in the parish in 
which they are depastured; because tithe 
is paid of the milk of such cattle. Nor is 
tithe due for the pasture of a saddle-horse, 
which an occupier of land keeps for himself 
or servants to ride upon. Cro. Jac.430. But 
an occupier of land is liable to an agistment 
tithe for all such cattle as he keeps for sale. 
Cro. Eliz. 446. Milk cattle which are reserv- 
ed for calving, shall pay no tithe for their 
pasture whilst they a.’e dry ; but if they be 
afterwards sold, or roilked in arajtl.'cr parish, 
an agistment tithe is dae for he time they 
were dry. No tithe i& due fro a an occupier 
of land for the pasture of yo'ing cattle, rear- 
ed to be used in husbandry, or for the pail. 
Cro. Eliz. 446. .3ut if fucb young beasts be 
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. 
If cattle, which have neither been used 
in husbandry, nor for the pail, are, after 
having been kept sometime, 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. No titlre is due for 
the cattle, either of a stranger or an occu- 
pier, which are depastured in grounds that 
have in the same year paid tithe of hay. 
But it is generally 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 head-lands of ploughed 
fields : provided these are not wider than is 
sufficient to turn the plough and horses 
upon. Nor is tithe due for such cattle as 
are depastured upon land that has the same 
year paid tithe of corn. 
If land, which has paid tithe of corn one 
yeai’, is left unsown the next year, no a- 
gistment is due for such land ; because by 
this lying fresh, the tithe of the next crop 
-Of corn is increased. But if land, which 
has paid tithe of corn in one year, is left 
unsown the next year, no agistment is due 
for such land ; but if sutFered to lie fallow 
longer than by the course of husbandry is 
usual, an agistment tithe is due for the 
beasts depastured upon such land. 
Sheep, after paying tithe of wool, had 
been fed upon turnips not severed, by which 
they were bettered to the value of five 
shillings each, and were tlien sold : it also 
appeared, that before the next shearing- 
time, as many had been brought in as were 
sold, and that of these tithe of wool had 
been paid. It was insisted, that if an agist- 
ment were to be paid for the sheep sold, 
it would be a double tithing; but the court 
held that this was a new increase, and de- 
creed the defendant to account for an agist- 
ment-titlie. But in a later case the court 
held, that no agistment tithe should be paid. 
Corn. It is held, that no tithe is due of 
the rakings of corn involuntarily scattered: 
Cro. Eliz. 278. But if more of any sort of 
corn be fraudulently scattered than there 
would have been if proper care had been 
taken, tithe is due of the rakings of such 
corn : Cro. Eliz. 475. No tithes are due 
of the stubbles left in corn fields after 
mowing or reaping of corn. 
Tithe of hay is to be paid, though beasts 
of the plough, or pail, or sheep, are to be 
foddered with such hay. But no tithe is 
due of hay upon the head lands of ploughed 
grounds, provided that such head lands are 
not wider than is sufficient to turn the 
plough and horses upon. 
Jt is laid down in an old case, that if a 
man cut down grass, and, while it is in the 
swathes, carry it away, and give it to his 
plough-cattle, not having sufficient suste- 
nance for them otherwise, no tithe is due 
thereof. And in a modern case, the Court 
of Exchequer was of opinion, that no tithe 
is due of vetches, or of clover, cut green, 
and given to cattle in husbandry. 
Tithe of wood is not due in common 
right, because wood does not renew an- 
nually ; but it was in ancient times paid in 
many places by custom. Exemptions from 
tithes are of two kinds ; either to be wholly 
exempted from paying any tithes, or from 
paying tithes in kind. The former is called 
de non decimando ; the latter de modo deci- 
niandi. 
Prescription de non decimando is to be 
free from the payment of tithes, without 
any recompense for the same. Concerning 
which, the general rule is, that no layman 
can prescribe de non decimando, that is, to 
be discharged absolutely of the payment of 
tithes, and to pay nothing in lieu thereof : 
unless he begin his prescription in a religi- 
ous or ecclesiastical person. But all spiri- 
tual persons, as bishops, deans, prebenda- 
ries, parsons, and vicars, may prescribe ge- 
nerally in non decimando. 
A modus decimandi, usually called by the 
name of modus only, is where there is by 
custom a particular manner of tithiag, dif- 
ferent from the general laws of taking tithes 
in kind. This is sometimes a pecuniary 
compensation, as so much an acre for the 
