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409

EXPOSITION.
Page 386 LONDON.

Page 404
EXTRA PAROCHIAL TITHES. 386 LUCERN, see Tares.
FARM, see Modus, Farm.

MADDER.

408
FERÆ NATURÆ, see PARTRIDGES.

MANOR.

408
FERN.

387 MAPLE, see Woop.
FISH.
387 | MILK.

408
FLAX.

388 | MILLS.
FODDER, see DISCHARGE.

MINES.

411
FORCIBLE ENTRY.

388 | MODUS.
FOULNESS ISLAND.

388
1. What it is.

412
FUEL.

388
JI. By whom payable.

413
FURZE.

389
III. To whom payable.

413
GARBA.

389
IV. When to be paid.

413
GARDEN

389

V. What is a good modus. 414
GLEBE.

389
VI. What is a bad modus.

415
GRAIN.

390
1. For Rankness.

416
GRANT.

390

2. For Uncertainty. 417
GRASS.

391

VII. How and when destroyed, or not. 417
HAULM, sce STUBBLE.

VIII. How and where to be tried.
HAY.

391
1. Common Law.

418
HEADLANDS.

392

2. Chancery. A. Bill. 418
HEARTH PENNY, see Modus, Fuel.

B. Injunction. 418
HEATH.

393

C. Answer. 418
HEMP.

393

D. Issue. 419
HERBAGE.

393

E. Decree, 419
HERBS, see GARDEN.

F. Costs. 419
HOLLY, see Wool).

3. Exchequer. A. Bill. 419
HONEY.

393

B. Injunction. 420
HOPS.

393

C. Answer,

420
HOSPITALLERS.

394

D. Plea. 422
HOTHOUSE PLANTS.

394

E. Tender. 422
HOUSES.

395

F. Issue. 422
HUNDRED.

395

G. Decree. 423
IMPROPRIATION & IMPROPRIA-

H. Costs. 423
TOR.

395
4. Spiritual Court.

423
INCLOSURE.

398
IX. Acre.

424
INDICAVIT.

398
X. Agistment.

424
INDUCTION, see INSTITUTION-REC-

XI. Apples.

425
TOR.

XII. Beasts.

425
INNKEEPER, see PROHIBITION.

XIII. Bees.

425
INSOLVENT ACT.

399

Bigg, see M. Corn.
INSTITUTION.

399

Bovate, see M. Organg.
INTRUSION, see SEVERANCE.

XIV. Calves.

425
JOINT TENANTS.

399

Cattle see M. Beasts,
ISSUE.

399

Chickens, see M. Eggs.
JURISDICTION, sce SPIRITUAL Court

Cider, see M. Apples.
-Tithes, Common Law.

XV. Clover.

426
JURY.

399

Colts, see M. Foals.
JUSTICIES.

399

Common, see Common.
KING.

399
XVI. Corn.

426
KING'S BOOKS.

401
XVII. Cows.

426
LAMBS.

401

Cowwhite, see M. Milk.
LATERAN COUNCIL.

402

Ducks, see M. Eggs.
LATTERMATH, see AFTERMATH-

XVIII. Eggs.

427
HAY.

Estovers, see M, Fuel.
LEAD ORE, see ORE.

XIX. Farm.

427
LEASE.

402

Feathers, see M. Geese.
LETTERS PATENT.

404

Firewood, see M. Fuel.
LIME.

404
XX. Foals.

429
LIMITATION.

404
XXI. Forest.

430

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Page 446

Page 430

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(MODUS.- continued.)

PEAS AND BEANS.
XXI. Fruit.
PENSION

447
XXIII. Fuel.

430 PHEASANTS, see PARTRIDGES.
XXIV. Garden.
430 PIGEONS.

447
Garth, see M. Orchard.
PIGS.

447
XXV. Geese.
430 POOR'S RATE.

448
Grasses, see M. Hay.
PORTION,

448
XXVI. Hamlet.
431 POTATOES.

448
XXVII. Hay.

431 PRÆMONSTRATENSES, Dis-
Hearth, Hearth-penny, Hearth- CHIARGE.
wood, see M. Fuel.
PRESCRIPTION.

448
Heifer, see M. Cow.
PRESUMPTION.

449
Hens, see M. Eggs.
PROHIBITION.

450
Herbage, see M. Agistment.

1. What it is.

450
XXVIII. Honey.

432
II. Who may have it.

451
XXIX. Hops.

432
III. In what cases it lies.

451
House, see M. Hay.

IV. By what courts granted. 453
Inclosure, see M. Parish.

V. How obtained.

453
Lactage, see M. Milk.

VI. At what time.

454
XXX. Lambs.

432
VII. When after sentence.

454
XXXI. Manor.

433
VIII. To what courts.

455
Marshland, see M. Parish.

IX. Upon what suggestion and
XXXII. Milk.

433
proof.

455
Mill, see Mill.

X. Attachment.

457
XXXIII. Onion Seed.

434
XI. Declaration.

457
XXXIV. Orchard.

434
XII. Consultation.

458
XXXV. Organg.

434
XIII. Costs.

458
Pannagn, see M. Agistment.

XIV. When a second prohibition. 459
XXXVI. Parishi
434 | PURPRESTURE.

460
XXXVII. Park.
435 | QUAKERS.

460
Pears, see M. Apples.
QUARRIES.

461
Perry, see M. Apples.

QUEEN, see King.
XXXVIII. Pigs.

435 QUEEN ANNE'S BOUNTY, see Aug-
XXXIX. Potatoes.

436

MENTATION.
XL. Rape Seed.
436 RABBITS.

461
Reeds, see M. Acre.
RAKINGS.

461
XLI. Sheep.

436 RANKNESS, see Modus, bad-Modus,
Small Tithes, see Tithes, small. Farm.
Township, see M. Vill.

RAPE SEED, see Tithes, small.
XLII. Turnips.
436 | RATE TITHES,

462
Vegetables, see M. Garden. RECTORY.

462
XLIII. Vill.
436 RENT.

463
XLIV. Wood.

437 RESIDENCE, see Non-RESIDENCE.
XLV. Wool.

437 REVIEW, BILL OF, see Tithes, Chan-
XLVI. Yardland.

437 cery.
NONÆ ROLLS.

438 ROAD, see Tithes, how to be paid.
NON DECIMANDO, see DISCHARGE SALT.

463
-IMPROPRIATOR.

SCIRE FACIAS.

463
NON-RESIDENCE.
438 SEEDS.

463
NOTICE,

439 SEQUESTRATION, see DiscHARGE.
NURSERY.

440 SEQUESTRATOR, see Tithes, to whom
OFFERINGS.

444 payable.
ORE.

440 SESSIONS, see QUAKERS-TiThes, small.
OYSTERS.
441 SETTING OUT TITHES.

46.4
PARK.

441 SEVERANCE, see SetTING OUT Tithes.
PARLIAMENTARY SURVEY,

SHEEP.

468
SURVEY.

SHOCK, see RAKINGS-TITHES, how to
PARSON AND VICAR.

441 be paid.
PARSONAGE, see RECTORY.

SILVA CÆDUA.

468
PARTRIDGES.
416 SIMONY.

469

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Page 486

SINECURE, see Institution.

(TITHES, How and where tried-continued.)
SMALL TITHES, see Tithes, small.

3. Exchequer. A. Bill and Consoli-
SPIRITUAL COURT.
Page 469

dation.
SPOLIATION

472

B. Injunction. 489
STUBBLE.

472

C. Demurrer. 489
SURVEY, ECCLESIASTICAL, see Evi-

D. Plea.

490
DENCE.

E. Answer.

490
SURVEY, PARLIAMENTARY. 473

F. Replication. 491
TARES.

473

G. Interrogatories. 491
TEASELS.

475

H. Deposition. 492
TENDER,

475

I. Publication. 492
TENTHS, see AUGMENTATION.

K. Decree.

492
TERRIERS, see Evidence.

L. Rehearing. 492
TITHES.

M. Commission. 492
1. What.

476

N. Account. 4.93
II. Great and small.

477

O. Issue.

493
III. To whom payable.

P. Costs.

494
1. Rector.
478

Tender, see Tender.
2. Vicur, see Parson and Vicar.

4. Spiritual Court, see Spiritual Court.
3. Portionist.

479

5. Before Justices, see Tithes, small.
4. Sequestrator.

479

X. How and by what words they pass. 495
5. Chaplain.
480 | TOWN.

498
6. King, see King-Extra pa- TRAVERSE.

498
rochial Tithes.
TRESPASS.

498
7. Impropriator, see Impropria- TURF.

4.99-
tor.
TURKEYS.

499
IV. By whom payable.
480 TURNIPS.

499
V. For what payable.
480 UNION OF CHURCHES.

499
VI. When to be paid, see Wool-Setting UNITY.

499
out Tithes.
VENISON.

503
VII. Where to be paid.

480 VETCHES, see TARES.
VIII. How to be paid and taken.
481 VICAR.

503
IX. How and where to be tried.

VICARAGE.

505
1. Common Law.
482 WASTE.

505
2. Chancery. A. Bill and Consoli- WAY.

505
dation, 484 WHEAT, see SETTING OUT Tithes.
B. Demurrer. 485 WILD DUCKS, see Decoy.
C. Plea.

485

WILD or WEALD, see Wood.
D. Answer. 485 WILLOWS, see Wood-Custom.
E. Decrce.
485 WOAD.

506
F. Issue.
486 | WOOD, AND UNDERWOOD.

506
G. Costs.
486 | WOOL.

511
Tender, see Tender.

STATUTES

AND

PROCEEDINGS IN PARLIAMENT

CONCERNING

TITHES

1225.

Magna Churta. 9 Hen. S. c. 1. FIRST,

we have granted to God, and by this our present charter have confirmed, for us and our heirs for ever, that the church of England shall be free, and shall have all her rights entire, and her liberties unhurt.

tates shall not

19 Edw. 1. stat. 1. (West. 2.)

1285. CHAP. 5. Remedies to redress Usurpations of Adrowsons of Churches, &c. WHEREAS of advowsons of churches there be but three original writs, Three original

that is to say, one writ of right, and two of possession, which be darrein writs of advowpresentment, and quare impedit; and hitherto it has been used in the realm, son. that when any having no right to present, bad presented to any church whose clerk was admitted, he that was very patron could not recover bis advowson, but only by a writ of right, which should be tried by battle or by assize, whereby heirs within age, by fraud, or else by negligence of their wardens, and heirs both of great and mean estate, by negligence or fraud of tenants by Usurpation of the courtesy, women-tenants in dower, or otherwise, for term of life, or for churches during years, or in fee-tail, were many times disherited of their advowsons, or at particular esleast, (which was the better for them) were driven to their writ of right, in which case hitherto they were utterly disinherited ; it is provided, that such in the reversion.

prejudice them presentments shall not be so prejudicial to the right heirs, or to them unto whom such advowsons ought to revert after the death of any persons; for as often as any, having no right, does present, during the time that such heirs are in ward, or during the estates of tenants in dower, by the courtesy, or otherwise for term of life, or of years, or in tail, at the next avoidance, when the heir is come to full age, or when, after the death of the tenants before named, the advowson shall revert unto the heir being of full age, he shall have such action by writ of advowson possessory, as the last ancestor of such an heir should have bad at the last avoidance happening in his time, being of full age before his death, or before the demise was made for term of life, or in fee-tail, as before is said. The same shall be observed in presentments made unto Presentations to churches, being of the inheritance of wives, wbat time they shall be under churches of the power of their husbands, which must be aided by this statute by the remedy women during

their coverture. aforesaid. Also religious men, as bishops, archdeacons, parsons of churches,

Churches of reliand other spiritual men, shall be aided by this statute, in case any, having no gious persons. right to present, do present unto churches belonging to prelacies, spiritual dignities, parsonages, or to houses of religion, what time such houses, prelacies, spiritual dignities, or parsonages be vacant.

II. Neither

VOL. III.

A

1285, II. Neither shall this act be so largely understood, that such persons, for whose

remedy this statute was ordained, shall have the recovery aforesaid, surmising Judgments

that guardians of heirs, tenants in tail, by the courtesy, tenants in dower, for given shall not be reversed but by

term of life, or for years, or husbands, which faintly have defended pleas writ of error or moved by them, or against them; because the judgments given in the King's attaint. courts shall not be annulled by this statute, the judgment shall stand in its

force, until it be reversed in the court of the King as erroneous, if error be found; or by assize of darrein presentment ; or by inquest by a writ of quare

impedit, if it be passed, or be annulled by attaint, or certification, which The defendant shall be freely granted. And benceforth one form of pleading shall be obpleads plenarty served among justices in writs of darrein presentment and quare impedit, in of his own pre- this respect, if the defendant allege plenarty of the church of his own presentation.

sentation, the plea shall not fail by reason of the plenarty; so that the writ

be purchased within six months, though he cannot recover his presentation Presentations to within the six months. And sometimes, when an agreement is made between a church by composition.

many claiming one advowson, and enrolled before the justices in the roll, or by fine, in this form, that one shall present the first time, and at the next avoidance another, and the third time another ; and so of many, in case there be many. And when one has presented, and had his presentation, which he ought to have according to the form of their agreement and fine, and at the next avoidance he to whom the second presentation belongs, is disturbed by any that was party to the said fine, or by some other in his stead; it is provided, that henceforth they that be so disturbed, shall bave no need to sue a quare impedit, but shall resort to the roll or fine ; and if the said concord or agreement be found in the roll or fine, then the sheriff shall be commanded, that be give knowledge unto the disturber, that he be ready at some short day, containing the space of fifteen days, or three weeks, (as the place happens

to be near or far,) for to shew if he can allege any thing, wherefore the party The remedy for that is disturbed ought not to present : and if he come not, or peradventure a disturbance

do come, and can allege nothing to bar the party of his presentation, by after a particular

reason of any deed made or written since the fine was made or enrolled, he estate ended.

shall recover his presentation with his damages. And where it chances, that after the death of the ancestor of him that presented his clerk unto a church, the same advowson is assigned in dower to any woman, or to tenant by the courtesy, which do present, and after the death of such tenants, the very heir is disturbed to present when the church is void; it is provided, that from henceforth it shall be in the election of the party disturbed, whether he will sue a writ of quare impedit, or of darrein presentment. The same shall be

observed in advowsons demised for term of life, or years, or in fee-tail. Damages in III. And henceforth in writs of quare impedit and darrein presentment,

uare impedit damages shall be awarded, that is to wit, if the time of six months pass by and durrein pre- the disturbance of any, so that the bishop do confer to the church, and the

very patron lose his presentation for that time, damages shall be awarded for two years value of the church. And if the six months be not passed, but the presentment be deraigned within the said time, then damages shall be awarded to the half year's value of the church ; and if the disturber have not whereof he may recompense damages, in case where the bishop confers by lapse of time, he shall he punished by two years imprisonment: and if the advowson be deraigned within the half year, yet the disturber shall be punished

by the imprisonment of half a year. Quare impedit

IV. And henceforth writs shall be granted for chapels, prebends, vicarof prebends, vi- ages, hospitals, abbeys, priories, and other houses which be of the advowcarages, hospi

sons of other men, that have not been used to be granted before. And when tals, &c. the

parson church is disturbed to demand tithes in the next parish, by a Disturbance by writ of indicavit, the patron of the parson so disturbed shall have a writ to indicuvit.

demand the advowson of the tithes being in demand; and when it is deraigned, then shall the plea pass in the court-christian, as far forth as it is

deraigned in the King's court. Usurpation by V. When an advowson descends unto parceners, though one present twice, one coparcenę and usurp upon his co-heir, yet he that was negligent shall not be clearly upon another. barred, but another time shall have his turn to present when it falls.

CHAP. 24.

entment.

of any

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