TITHES. 
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 own- 
er’s making it for him ; sometimes in lieu of 
a large quantity, when arrived to great ma- 
turity ; as a couple of fowls in lieu of ti -he- 
eggs, and the like. Any means in short, 
w'hereby the general law of tithmg is a’rJar- 
ed, and a he w method of taking them is in- 
troduced, is called modus decimandi, or spe- 
cial method of tithing. 
In order to make a modus or prescription 
good, several qualifications are requisite. 
It must be supposed to have had a reason- 
able commencement, as that at the time of 
the composition, the modus was the real 
value in money, although it is now become 
much less. It must be something for the 
parson’s benefit; therefore, the finding 
straw for the body of the church, the find- 
ing a rope for a bell, the paying five shil- 
lings to the parish-clerk, have been adjudg- 
ed not to be good. But it is a good modus 
to be discharged, that one hath time out 
of mind been used to employ the profits, 
for the repair of the chancel, for the parson 
hath a benefit by that. 
A modus must be certain ; so a prescrip- 
tion to pay a penny, or thereabouts, for 
every acre of land, is void for the uncer- 
tainty. And It has been held, that if a pre- 
cise day of payment be not alledged, the 
modus will be ill ; but now it is holden, that 
where an annual modus hath 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 ancient ; and therefore, 
if it be 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- 
compense for it should be as durable ; there- 
fore a certain sum, to be paid by the inha- 
bitaiits of such an house hath been set aside, 
because the house may go down, and none 
inhabit it. And it must be constant and 
uninterrupted ; for if there have been fre- 
quent interruptions, no custom or prescrip- 
tion can be obtained. But after it hath 
been once duly obtained, a disturbance for 
ten or twenty years shall not destroy it. 
When a common is divided afid 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 com, which 
the common, whilst it was common, did ne- 
ver produce. 
The parson cannot come himself and set 
out his tithes without the consent of the 
owner ; but he may attend and see them 
set out ; yet the owner is not obliged to 
give him notice when he intends to set it 
out, unless it be by special custom. After 
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 tlie parson 
3;>ay spread, dry, and prepare his coni, hay, 
or the like, in any convenient place upon 
the pound, till it be sufficiently weathered, 
and fir, to be carried into the barn. And he 
may carry his tithes from the ground either 
by the eotc; loa way, oc such other way as 
the owner of tl ;; land uses to carry away 
his nice parte. If the parson suffer his 
tithes to stay too long upon the land, the 
other may disiraia the same as doing da- 
mage ; or he may have an action on the 
case : but he cannot put in his cattle and 
destroy the corn, or other tithe; for that 
would be to m '’.:e himself judge what shall 
be deemed a convecieat time for taking it 
away. 
By 1 Geo. L c. 6. all customary pay- 
ments due to dergymer, the payment of 
tithes, &c. is enforced ; and the prosecu- 
tion in this case aiay 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 sti- 
pend or maintenance of any minister or cu- 
rate, officiating in any church or chapel; 
provided that the same do not exceed 
twenty pounds. 
But the time is not limited within which 
the same shall, become due, and if any 
qiiaker shall refuse to pay or compound for 
the same, any parson, vicar, curate, fanner, 
or proprietor of such tithes, or any church- 
warden, chapel-warden, 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. 
'The number of days is not limited be- 
tween the time of refusal, and the com- 
plaint ; nor is it hereby required that such 
complaint shall be in writing. But it will 
he more conformable to the usual practice 
in like cases, if it be in writing. Upon 
which complaint, the said justices are re- 
quired to summon in writing, under their 
hands and seals, by reasonable warning, 
