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clergy, is that of drefs: The precife manner in which a clergyman fhall be habited cannot be prescribed; but the general rule is, that he shall appear in drefs fuch as fhall comport with gravity and decency, without effeminacy or affectation. thofe who indulge in complaints (and they are not a few) that the clergy of this age, particularly the younger, drefs in a foppish and unbecoming ftyle, it may be fome confolation, unless their animadverfions proceed from mere want of charity, to know that this circumftance does not denote any particular degeneracy in the prefent times, but formed the subject of folemn complaints, and the bafis of an ecclefiaftical canon nearly five hundred years ago. "The outside habit," said John Stratford, archbishop of Can-. terbury, in 1343, "often fhews the inward difpofition; and "though the behaviour of the clergy ought to be the inftruction. "of the laity, yet the prevailing excefles of the clergy, as to "tonfure, garments, and trappings, give abominable scandal to the people; because fuch as have dignities, parfonages, "honourable prebends, and benefices with cure, and even men "in holy orders, fcorn the tonfure (which is the mark of per"fection and of the heavenly kingdom), and diftinguish them"felves with hair hanging down to their fhoulders, in an effe"minate manner, and apparel themselves like foldiers rather "than clerks, with an upper jump remarkably fhort, with ex"ceffive wide or long fleeves, not covering the elbows, but "hanging down, their hair curled and powdered, and caps with "tippets of a wonderful length, with long beards, and rings on "their fingers, girt with girdles exceedingly large and coftly,

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having purfes enamelled with figures, and various sculptures "gilt, hanging with knives (like fwords) in open view, their "hoes chequered with red and green, exceeding long, and "varioufly indented, with croppers to their faddles, and horns "hanging to the necks of their horfes, and cloaks furred on "the edges, contrary to the canonical fanctions; fo that there " is no diftinction between clerks and laicks, which renders "them unworthy of the privilege of their order.” Yet the worthy archbishop, after a fevere ordinance against these indecorous exceffes, adds, " yet by this conftitution we intend "not to abridge clerks of open wide furcoats, called table coats, "with fitting fleeves, to be used at feasonable times and places; "nor of fhort and clofe garments whilft they are travelling in "the country at their own difcretion."

RIGHTS OF CLERGYMEN. A parfon has, during his life, the freehold in himself of the parfonage house, the glebe, the tythes, and other dues.

TYTHES. The most important and general of these rights is that of tythes, which are defined to be the tenth part of the increafe,

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increase, yearly arifing and renewing from the profits of the lands, the ftock upon lands, and the personal industry of the inhabitants.

The origin of the right to tythes might, with great truth, and, it is to be hoped, with great fafety to the interefts of the clergy, be referred to divine inftitution, it being clearly ordained by the law of Mofes; but, as a civil claim, its foundation refts on a bafis of the greateft antiquity, and is fupported by undeviating ufage. An ecclefiaitical canon eftablifhed it as early as the year 786; it was fubfequemly allowed by the kings of Mercia and Northumberland, during the heptarchy, and finally confirmed, as a civil right, by various kings of all England, particularly by Ethelwolf, Alfred, Edward the Elder, and Athelftan. Thus is the title to tythes, putting divine right, and even the moral duty of providing for those who devote their lives to the fervice and inftruction of the public out of the queftion, fixed on a principle of poffeffion more ancient than any other undisturbed tenure of mere property in the kingdom. Eftates have been bought, fold, and inherited, fubject to them from a period when poffeffion and alienation can only be inferred by argument, but not proved as matter of fact; the value of eftates, both in purchase and in leafes, has been regulated by the confideration of them, and a proprietor has no more reafon to complain that his land is not tythe-free, than he has that his neighbour's field is not his own.

It is not poffible, in this work, to enter into all the diftinctions which have been raised by the ingenuity of evafion refpecting tythes; but, for the general understanding of the subject, fome definitions and arrangement will be neceffary.

Tythes of fome things are due of common right, of others by cuftom. Tythe is not due of common right of any fruit of the earth, which does not renew annually. Tythe, which arifes from a fruit of the earth, can never be part of the land from which it arifes, but must always be collateral thereto. Thus it is not due of common right for the produce of a 'mine or quarry, nor for lime, chalk, or bricks, turf, gravel, or falt; because fome of them do not renew arnually, and others are not collateral to, but part of the land, or made out of it; but these and things fimilar may, by cuftom, be liable. Tythe is not, by common right, due for a houfe; but in London, and moit ancient cities and boroughs, ftatute or cuflom fubjects them to this demand, without which there would not, in many parishes, be a proper maintenance for the clergy.

Tythes are perfonal, predial, and mixed.

Perfonal are the tenth part of the clear gains of manual occupations, trades, fifheries, and the like, after deducting all charge

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and expence. This fpecies of tythe was fubject to many exceptions by ftatutes and by legal reasoning; it is now only payable by ipecial cuftom, and perhaps is paid no where in England, except for fifh caught in the fea, and for corn mills.

Predial tythes are those which arife immediately from a fruit of the earth, as from corn, hay, hemp, or hops, or from any kind of fruit, feed, or herb. In this head is included the tythe called Agiftment, which, in the strict fenfe of the word, means depafturing a beaft the property of a stranger, but, in its legal fenfe, depafturing any beast, whether owned by the occupier or a ftranger. This tythe is paid, not for the increafe or improvement of the animal agifted, but for the grass eaten by it. With respect to the tythe of wood, many curious cafes and applications to parliament, and much litigation have arisen. It is -enacted that tythe shall not be demanded of grofs wood, of the age of twenty years or upwards, and it is established by the decifion of courts, that by grofs wood is not meant high or large wood, but fuch wood as is generally, or by the custom of a particular part of the country, ufed as timber. Thus oak, ash, and elm, by univerfal reafoning, are exempt after the age of twenty years, and, by the cuftom of particular places, the hornbeam, the afpen, and fome other trees; and the privilege, once acquired by the tree, extends to its loppings, though they be fold for fire-wood, and not used as timber, and to the germens which fpring from it after it has been cut down. Tythe is in general due of beechen, birchen, hazel, willow, fallow, alder, maple, and white-thorn trees, and of all fruit trees, of what age foever they are; because the wood of these trees is not often used as timber. But, if the wood of any of them be frequently used, in a particular part of the country where timber is fearce, in building or repairing, tythe is not due of fuch trees, if they are of the age of twenty years.

Mixed tythe is that which confifts of natural products, but nurtured and preserved by the care of man, and it arifes from a beaft, bird, or fowl. It generally confifts in the young of beafts, the eggs and young of fowl or birds, of wool, milk, honey, bees wax, and fifh taken out of a pond. It cannot be claimed of the young of animals, which are fera naturæ, as deer, rabbits, and tame pheafants; or kept merely for pleasure, as hounds, or finging birds, nor of milk, pigcons, fruit, peafe, or any other thing ufed in the house, but only of fuch portions as are fold or converted into profit.

Predial and mixed tythes confift of a full tenth of the grofs produce, without any deduction for rent, expence, or labour. In fome places cuftoms prevail that of certain things more or lefs than an exact tenth fhall be paid as tythe, and thefe cuftoms,

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if eftablished by proof, are valid; but it is effential that they fhould be explicit and reasonable, and not have a tendency to fubject the clergyman to fraud or caprice.

Tythes again, in refpect of their value, are divided into great, as corn, hay, and wood; and fmall, as fruits and herbs, and the perfonal and mixed tythes in general. On the diftinction between great and small tythes a great diverfity of decifions has taken place, dependent fometimes on peculiar views of the fubject, fometimes on local cuftoms, and occafionally on principles which have varied in their application.

Tythes are payable in general either to the minifter of the parish or to the impropriator. In ancient times, although no perfon could be exempt from payment of tythe, it was held that every man was at liberty to render it to what church he thought fit; this uncertain regulation was early terminated; but a confequence of it ftill remains, as it happens in fome, though but few places, that a rector or impropriator of one parish claims the tythe of lands locally fituated in another. In general it may be faid, though the rule is not without many exceptions and diftinctions, that the great tythes belong to the rector or lay-impropriator, the fmall to the vicar.

OF SETTING OUT TYTHES. Predial tythes are generally set out by feparating one tenth from the other nine, and placing on it a bough to fhew for what it is intended; but before the nine fheaves of the occupier are taken from the ground to be carried away, the whole ten are to be fet out for the inspection of the perfon entitled to the tythe. The agiftment tythe is two fhillings in the pound on the rent of the land. By a ftatute of William III. perfons fowing land with flax or hemp are not to pay more than five fhillings per acre for tythe, and by one of George II. the fame benefit is extended to madder. Of milk the tenth meal of all a farmer's cows is to be fet out, and not the tenth part of every meal; of wool the tenth part by weight; and of young animals the tenth part fo foon as they can live without the old ones; or if the number of any fpecies does not amount to ten, then a tenth part of the value of the whole in money. Unless there is a special custom to the contrary, the tythe owner is obliged to carry away his tythe in reasonable time, and not the farmer to carry it for him. Tythe of milk is fet out in veffels belonging to the farmer, but if the perfon entitled does not fetch it away in veffels of his own before the next milking time the parishioner may pour it on the ground, because he may then have occafion for the veffel in which it was fet out; and the proprietor of a predial tythe must carry it away in a reasonable time, or be liable to an action for damages by the occupier of the land.

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PROCEEDINGS ON THEIR BEING WITHHELD. If the tythes are fubtracted, as it is called, that is omitted to be duly fet out, the owner has remedy either by bill in equity calling on the defaulter to account for the quantity withheld, which the court will make him compenfate for with cofts, or by action on the ftatute 2 & 3 Edw. VI. c. 13.; in which he will be obliged to pay three times the value fubtracted with costs. Where fmall tythes are in value under forty fhillings, two juftices of peace, neither of them being patron of the church, are enabled on complaint of the proprietor, and hearing or default of the party after due notice, to issue a distress for the value, and costs not exceeding ten fhillings. Quakers, from confcientious motives, refufe to pay their tythes, and therefore it is enacted that two justices may, in like manner, compel them to pay, to whatever they may amount; but, in both cafes, the parties may appeal to the feffions, and, if they difpute the title to the tythe, remove the question into a higher court.

Monus. The difputes and embarraffments attendant on the frict exaction of tythes in kind, are frequently avoided by a compofition for thofe of a particular clafs, or for all, which is properly called modus decimandi, or in current fpeech a modus. This may fometimes be made to bind the parties for ever; but in general it is only good with refpect to thofe who contract. A modus, to be binding for ever, muft be taken as an ancient custom to which not only the parfon but the ordinary has affented; it is prefumed to have been declared by a deed; it must be reasonable; certain as to the object for which it is paid, the quantum, and the period of payment; and it must not be liable to fraud; it must alfo have been conftantly paid, for by intermiffion it is destroyed.

EXEMPTIONS. Lands are exempted or difcharged from tythes for various caufes; thofe in the king's poffeffion, by reason of his prerogative, but this is perfonal to the fovereign, and does not extend to his grantee or leffee; barren lands are exempt, and lands that have been heath or wafte are not, when improved, fubject for the next feven years to any tythe greater than they have previously paid; glebe in the hands of the rector does not pay fmall tythes to the vicar. But the greatest caufe of total exemption arifes from the rule of the Romish church, that discharged monks of all orders from payment of the tythes; confequently, on the fuppreflion of monafteries, acts of parliament were made, that every perfon acquiring their lands, tenements, tythes, or hereditaments, fhould hold them on the fame terms as the religious poffeffors ought to have held them if they had not been fuppreffed or diffolved.

OFFERINGS.