THE Gentleman's Magazine; For SEPTEMBER 1765. Some Account of a New Treatise on the Laws concerning Tythes. By a Gentleman of the Middle Temple. HIS Treatife con tains all the ftatutes, adjudged caf es, refolutions, and judgments, relative to tythes, under the following heads. A 1. A definition of tythes, parfonage, vicarage, im propriation, and appropriation; and B of the origin, nature, and feveral kinds of tythes. 2. Out of what things tythes fhall be paid; what lands are fubject to tythes; what lands are difcharged from tythes by the feveral ftatutes for diffolving religious houfes, and veit- C ing their lands in the king. 3. Of exemptions from payment of tythes; and of modus, cuitom, and prefcription. 4. An alphabetical table of things tytheable, and not tytheable. 5. Of fetting out, and taking and carrying away tythes. 6. Of the legal remedies to recover them, when they are refufed. 7. Of the manner of paying tythes, and the fums payable by the parishes in London. feldom perform the duties for which PARSON is a corrupt abbreviation of the words Perfona Ecclefia, and fignifies the rector of a parish church, who perfonates, or reprefents the church, and can fue for and defend her rights. VICAR fignifies one who acts in an ecclefiaftical capacity for another, having a living under the parfon, or fon's inheritance, and for whofe mainunder fuch layman as holds the partenance part of the parfon's revenue is allowed. This allowance is fometimes a fum of money, but generally it is the fmail tythes. A Vicar's living is called a vicarD age; a parfon's, a rectory. TYTHES are a tenth part of the 'encrease of the earth, of beafts, and of the labour of man, which the law has E appropriated to the minifters of the gofpel, in recompence for their fulfilling the duties of their office. It is to be lamented that all men are ftill mulcted this tenth part of their poffeffions and labour, though minifters of the gofpel do not receive it; the right of receiving tythes being F now vested in laymen, with respect to a very great proportion of the tythes paid in this kindom; it is also to be lamented, that thofe minifters of the gofpel who do receive tythes, very When the parfon is a layman, the living of which he receives the revenue, and to perform the duties of which, a fpiritual Vicar is appointed, is called an IMPROPRIATION. Neither tythes nor ecclefiaftical beneficies were ever heard of, till about the beginning of the feventh century, but churches and churchmen were maintained by gifts and obla tions. Tythes were not paid in England till the latter end of the eighth century, and then only as offerings. But about the year 794, Offa king of Mercia, a diftrict of this kingdom when it was divided into feven parts, under feven fovereignties, called the Saxon Heptarchy, as an expiation for a murder, made a law, by which he gave to the church, the tythes of all his his kingdom. This law firft enabled the clergy to claim and recover tythes as a legal due by the coercion of the civil power. It extended, however, only to Mercia; but about fixty years afterwards Ethelweld extended it to the whole kingdom thea under his dominion. Tythes,as they are of three kinds, of the fruits of the earth, of the encrea'e of beafts, and of the labout of man, are diftinguished by three names, predial, mixt, and ferfonal. A A piece of ground being in Latin, called predium, the produce of it was B called predial, and the tythe of it a predial tythe. Tythes of animals nourished by the ground are called mixed tythes. And perfonal tythes are the tenth part of fuch profits as arife by the labour and induftry of man, employing himfelf in fome perfonal work, artifice, or negociation, after all C expences are deducted. In the account given by this author of perfonal tythes, there is the fame confufion that is always found in mere complications from law books, fo that it is impoffible for the reader to determine from what he finds here, whe- D ther perfonal tythes are, or are not now paid; as appears by the following quotations: No perfonal tythes fhall be paid out of the clear gain of the party: Mich. 14. Ja. 13. R. fer Curiam, 1 Rol. • Abr. 656. It was decreed in the Honfe of E Peers, that the tythes of a mill are perfonal thes, and therefore, that not the tenth toll or difh of the grain ground but the tenth part of the clear profits fhall be paid. It was determined by the Houfe of Peers, with the affitance of eight judges, of which the Lord Chief Jufice Holt, was one, on a bill brought for tythes of a malt-bill, that the fame was a perfonal tythe, and fo ought to be paid out of the clear gain. The reader muft reconcile thefe as he can. Tythes are alfo divided into great and Sma!. Great tythes, are corn, hay, and wood; fall tythes are predial tythes of any other kind, together with thofe tythes called perfonal and mixed. Tythes that ari e in any place not included in fome parifh, belong to the king. Such places are called extra parochial. But tythe of cattle feeding in a waste or common, where the parifh is not certainly known, fhall be paid to the parton of the parish where the owner of the cattle lives. As common right tythes are to be paid for fuch things only, as do yield an yearly encreate, by the act of God; by tythes here the author muft mean only predial ty thes. Yet the rule admits of exception, for faffron is tytheable, though gathered but once in three years, fo is fylva ceara, or wood of twenty years growth. Generally of things encreafing year. ly, tythes fhall be paid only once a year. Yet to this rule there are alfo exceptions, for tythes are due for the after math, if not exempted by prefcription; and if feeds are fown which renew oftener than once a year, tythes fhall be paid of them as often as they renew. It may, however, be quel tioned whether feeds renewed oftener than once a year, can jufbly be brought under the denomination of things encreafing yearly; if not it is no excep tion to the rule. No tythes are due for wild creatures, called fera natura, as fish taken out of the fea, or a river, except by cuftom as in Wales, Ireland, Yarmouth, and fome other places. Neither is tythe due for deer, or rabbets, though breeding in enclosures, except by cuf tom. GLEBE is a portion of land belong. ing to the parton or vicar, over and above his tythes. If in the hands of a parfon it pays no tythe to the Vicar, and if in the hands of the Vicar it pays no tythe to the Parfon. Yet if the Vicar be fpecially endowed with the small tythes of the Glebe he thall have them. If a Parfon leafe his Glebe, and do not exprefsly grant the tythes, the tenant fhall pay him tythes of the Glebe. And if a Parfon lets his rectory, referving the Glebe, he thall pay ty thes to his Leffee. There are five ways by which Abbey-lands are difcharged of tythes. 1. Compofition. 2. Bull or Canon. 3. Order. 4. Prefcription. 5. Unity of poffeffion, of parfonage, and land, time out of mind. A MODUS, or Compofition, is fomething given to the Parfon in lieu of tythes; and is fuppofed to have been originally established by deed, under the hands and feals of the incumbent of the church for the time being, his patron, and the ordinary, or bishop, or by fine in the King's Court, in which all these parties concurred. But to establish a Modus in lieu of tythes, feveral qualifications are neceffary. ift, It must be for the Parfon's benefit, and therefore, the payment of any fum, or performing any act for the benefit of another, is not a legal condition of discharging the party from tythes. 2. By the deftruction of the thing for which the modus was paid; as, where two fulling-mills, under the fime roof, have been turned into a corn mill; by the addition of another pair of ftones to a mill; by the alteration of a water-courfe, and the reA edification of a mill; these are adjudged cafes. Yet where a man was feized of eight acres of meadow, and one of pallure, for the tythes of which he had paid time out of mind five fhillings and four pence, and afterwards. built a corn-mill upon his ground, it was adjudged that he fhould pay no tythes for his corn mill, because the land was difcharged by the modus. 2d, The Modus must not be one tythe, paid in discharge of another : It must not be tythe of herbage, in lieu of tytne for dry cattle; nor fo B much for every cow and calf in lieu of tythe for herbage. 3d, It must be different in kind, from the thing that is due, and therefore, a load of hay in lieu of tythehay, or certain fheaves for tythe of all corn is not good. Yet this author fays, that a prefcription to pay ten fleeces of wool, and two lambs, in lieu of all tythes, was held to be good, but at the fame time, it was denied to be a payment of tythe,or a payment for a fpecies of tythe, becaufe it was to be paid,whether there were theep or no. 4th, Every Modus must be certain; fo a prefcription to pay a penny, or thereabouts, is not good; nor a prefcription to pay a modus on or about the 25th of April, nor to pay a modus of 4. for every day's ploughing of wheat, and 2 s. for every day's ploughing of barley, because a day's ploughing could not be afcertained; fo the payment of two fhillings in the pound, of the improved rent, in lieu of all tythes was held to be not good, for it is to be more or lefs, as the land is let, and the Parfon cannot know it. D E 5th, A Modus muft alfo be ancient; and, therefore, if it is any thing near F the prefent value of the tythe, it will be fuppofed to be of late commencement, and for that reafon fet afide. 6. A modus muft he fomething durable, becaufe the tythe in kind is a certain inheritance; for this reason, four pence to be paid yearly by two perfons inhabiting two certain houfes, in confideration of all tythes, was not allowed, because the houses might decay, or be untenanted. 7. The prefcription, or cuftom, must have been uninterrupted. A modus may also be destroyed fe. veral ways. 1. By a converfion of the lands to other ufes; fo if the modus is for hay and grafs, and the land is converted into a hop garden, or tillage, the modus is gone, H This is the fubftance of the first three chapter of the work, the fourth contains an alphabetical table of But things tytheable are not ranged things tytheable and not tytheable: under one alphabet, and things not tytheable under another, becaufe the fame thing is tytheable and not tytheable, under different circumtances, and because there are so many qualifications and diftinctions under each article that the mere infertion of the name of any thing fuppofed to be tytheable, or not tytheable, alphabetically, would not anfwer the purpofe. This article is long but not lefs ufeful than curious, as it contains reports of many interefting cafes, particularly, that of Mr Jonathan Tyers, mafter of Vaux hall Gardens, and Mr Walton, concerning the tythe of hops. -As the whole of it cannot be abridged this Month, and, it is thought better to give it whole than divide it, we referve it for our next. TA Beft Method of making Ink, from Dr Lewis's Philofophical Commerce of Arts. TAKE One part of vitriol, green one of powdered logwood, and three of powdered galls. The best menftruum is vinegar, or white wine, though, for common ufe, water will fuffice. The quantity of menftruum admits of great latitude: To make an ink of a full body of colour it fhould not exceed a quart, or at moft three pints, to three ounces of the galls, and one ounce of each of the other two ingredients. The proportion of gum may be varied at difcretion, according as the ink is wanted to be more or less gloffy or thining, or as the nature of the paper may require the fluid to be well gummed to prevent its finking. Half an ounce to a ping 1 a pint is in most cases sufficient; tho' the more gum we can employ, confiftently with due freedom of writing, it is probable that the ink will be the more durable. The ingredients may be all put together at once, in any conveint veffel, and well fhaken tour or five times a day. In ten or twelve days, and fooner, if fet in a warm place, the ink will be fit for ufe; though both its .colour and durability will be improved by ftanding longer on the undiffolved ingredients. The ink thus pre- B pared, though it flows pale from the pen, turns to a good black in a day or two alter writing. virtue may be more readily and effectually extracted, it is expedient to have the ink feperated from them, as in the fecond of the above proceffes; because otherwife the ink will often be loaded with the finer parts of the A powder in fubftance, which__being mixed up by thaking the vessel, remain long fufpended in the liquor; it is proper, however, in order to fecure against any danger of a deficiency in the aftringent materials, to add to the ink, feparated from its feculence, fome gails in coarfe powder, freed from the fine duft by a fieve. On the fame principle, an oaken cask is one of the beft veffels for keeping ink in, this wood having a manifeft aftringency, and anfwering nearly the fame end with the additional galls. Befides the galls, fome pieces of iron may be put into the veftel. Or the logwood and galls may be firft boiled in the liquor for half an hour, or more, with the addition of a little more liqour to make up for that which evaporates in the boiling. Strain C the decoction while hot, and having put it into the vellel which the ink is to be kept in, add to it the vitriol and the gum; as foon as these are disolved, the ink may be used. By this way of managing the procefs, we obtain all the advantage of boiling, and the feparation of the grofs feculence, without daubing any other veffels or utenfils than the ink-veffel. The ink is expeditionfly made, and writes of a pretty full colour. on F Common pale ink, prepared by cold As the galls and logwood ought to H A Defcription of the Iland of Ana Bona; in a Letter from a Gentleman, who touched there in bis Paffage to St Helena, to bis Friend in London, dated St Helena, July 10, 1765. FTER leaving England we met with nothing remarkable, except a view of the famous pike of Teneriffe, till February the 19th, when we made Ana Bona, a fmali island lying directly under the line, which I thall attempt to give you fome idea of, from the few obfervations I made while there. This island is entirely mountainous, yet produces all the neceffaries of life in great plenty. Fowls, both tame and wild, abound in it, with plenty of tolerable goats and theep, and excellent pafture for them; the mountains being covered with verdure to their very tops: It produces likewife, Indian corn, and caffada in abundance, with most of the tropical fruits, fuch as oranges, limes, cocoanuts, pine-apples, &c. cotton too, and fugar thrive very well there; the first of which is excellent; and the last I am apt to think would be fo too, did they know how to cultivate it properly, or cure it when cultivated, The inhabitants are entirely blacks, and very numerous; they are under the protection of the King of Portugal, by whofe governor of St Thomas, they have a governor appointed from among themselves, but pay no fort of tribute or duties to him. They profefs the Roman Catholic religion, and have priests from among themselves, likewife educated at |