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THE 


HISTORY   OF   THE   LAW   OF   TITHES 


IN   ENGLAND. 


Eontion:   C.  J.  CLAY  AND   SONS, 

CAMBRIDGE   UNIVERSITY   PRESS   WAREHOUSE, 

Ave   Makia   Lane. 


ffinmbriUgc :   DEIGHTON,  BELL,  AND  CO. 
Efipjig :   F.  A.  BEOCKHAUS. 


THE 


HISTORY  OF  THE  LAW  OF  TITHES 


IN    ENGLAND. 


BEING   THE   YORKE    PRIZE   ESSAY    OF    THE    UNIVERSITY    OF 

CAMBRIDGE   FOR   1887. 


BY 


WILLIAM    EASTEEBY, 

B.A.,  LL.B.   ST  John's  college  and  the  midhle  temple. 


"Est  modus  in  rebus,  sunt  certi  denique  fines." 


CAMBRIDGE: 
AT   THE    UNIVERSITY   PRESS. 

1888 
[All  ii(jlttH  reserved.] 


(iTnmbritigc : 

I'UINTED    BY    C.    J.    CLAY,    M.A.    AND    SONS, 
AT    XHK    UNIVERSITY    PRESS. 


r 


TO  MY  FATHEE, 

WILLIAM   EASTERBY,   LLD. 

I  DEDICATE  THIS  BOOK, 

AS 

A   TRIBUTE   OF   AFFECTION 

AND    AS 

A   TOKEN    OF   MY   GRATITUDE. 


7^^^1 


PEEFACE. 


In  the  following  pages  an  attempt  has  been  made  to  deal 
with  the  History  of  the  Law  of  Tithes,  as  far  as  concerns  the 
arrangement,  upon  a  plan  which  if  somewhat  novel  has  still  the 
slight  merit  of  being  both  scientific  and  peculiarly  adapted  to 
carry  out  one  of  the  objects  for  which  the  work  was  written. 
That  is,  to  present  to  the  reader  a  short  and  clear  history  of  the 
rise  and  growth  of  the  Tithing  System  in  this  country,  free  from 
technical  and  other  difficulties.  The  plan  adopted  is  first  to 
treat  of  the  history  of  the  Substantive,  and  then  of  that  of  the 
Adjective  Law  of  Tithe.  The  first  six  chapters  are  devoted  to 
the  former,  and  thus  in  a  succinct  form  what  may  be  called  the 
more  popular  and  to  the  general  reader  the  more  interesting 
part  of  the  subject  is  comprised.  The  seventh  chapter  has  an 
intermediate  position,  and  deals  Avith  the  history  of  Titheablo 
matters;  the  eighth,  ninth  and  tenth  are  occupied  with  the 
Adjective  Law  or  Procedure,  the  tenth  being  devoted  entirely 
to  the  consideration  of  Discharges  and  Exemptions.  The  law 
as  regards  the  City  and  Liberties  of  London  is  shortly  dealt 
with,  apart  from  the  other  portions  of  the  work,  in  tlie  last 
chapter.  The  working-out  of  such  a  plan  as  the  above  ne- 
cessitates a  certain  amount  of  overla})ping  and  repetition,  l)nt 
this,  it  is  hoped,  does  not  constitute  a  formidable  disadvantage. 


viii  PREFACE. 

The  Author  has  avoided  any  political  treatment  of  his 
subject.  He  has  touched  very  lightly  on  the  alleged  tripartite 
division  of  tithe  upon  which  the  claim  of  the  poor  to  a  share  is 
based,  as  the  existence  of  such  a  division  is  not  revealed  in  the 
impartial  history  of  the  law,  and  the  statute  of  Richard  II., 
which  compelled  the  monasteries  to  give  as  alms  a  part  of  the 
revenues  of  an  appropriated  benefice  after  suitable  provision  for 
the  vicar  had  been  made,  imposed  a  new  charge  on  the  monas- 
teries, and  did  not  refer  to  parochial  tithes. 

The  references  to  Selden  will  all  be  found  in  his  great  work 
on  the  Historie  of  Tithes  (a.d.  1618),  to  which  the  Author  is 
greatly  indebted.  He  has  also  extensively  used  Mr  Haddan 
and  Bishop  Stubbs'  Collection  of  Councils  and  Ecclesiastical 
Documents,  which  for  brevity  are  referred  to  as  "  H.  and  S." 


St  Asaph,  N.  Wales, 
30  November,  1887. 


CONTENTS. 


INTRODUCTION. 


Tithes  in  Ancient  History 

Tithes  after  the  introduction  of  Christianity 

Clergy  supported  by  Voluntary  Contributions  till  a.d.  400 

Claim  to  Tithes  as  of  moral  ripht  made  a.d.  400 

Payment  of  them  enforced  by  Councils  of  Tours  and  Magon 

Enforced  by  law  on  the  Continent,  a.d.  779 

The  British  Church 

Diocesan  Episcopacy  .         .         .         • 

After  Saxon  Invasion .         .         .         • 

Church  and  State        .... 

Final  subjection  to  Canterbury,  a.d.  1*200 


I'AGE 

1,2 
2 
2 
2 
3 
3 
4 
4 


CHAPTER   1. 


THE    SAXON    PERIOD. 


Reduction  of  Enj^'land  to  Christianity 
The  Saxon  Church 

Its  organisation  . 

Growth  of  Parishes 

Moral  obligation  to  pay  Tithe 
Saxon  Tithe  Laws 

(i)      Egbert's  Exccrptiones 

(ii)     Councils  of  Pincahala  and  Cclcliytli 

(iii)     Grants  of  Offa  and  Ethelwulph  . 

(iv)     Laws  of  Alfred,  Athelstan,  and  Edward 

(v)      Edgar's  Laws 

(vi)     Laws  of  Edward  the  Confessor  . 
Saxon  Parishes 

Parochial  Tithes 
Saxon  Abbeys     ...  ■  • 

Secular  and  Regular  Clergy       .... 


7 

7 

8 

8 

9 

9 

9 

10 

11 

12,  ]:\ 

13 
14 

14 

1  I,  1.^ 
If.. 
16 


CONTENTS. 


CHAPTER  II. 


NORMAN   AND   ANGEVIN   PERIODS. 


Normau  organisation 

Tithes  under  the  Normans :       .         .         .         . 

Jus  Parochiale  and  Jus  Communi 

Rector's  right  fully  established  at  common  law 

Councils  of  the  Early  Angevins  . 

Mortuaries 


PAGE 

17 
17 

18 
18 
18 
19 


CHAPTER    III. 


TITHE   ENDOWMENTS. 


Doctrine  of  the  old  law  books  and  practice 

Parnynge's  and  Ludlow's  views  .... 
Innocent's  letter  and  Coke's  and  Blackstone's  views 
Councils  of  Lateran,  Selden's  and  Selborue's  views 
Infeudation  of  Tithes . 
Appropriation  of  Tithes 
Special  customs  of  Tithes 
Licenses  in  Mortmain  not  required 
Rectories  and  Vicarages 
Divisions  of  Tithes 


22 
22 
22 
23 
2i 
24 
25 
25 
26 
27 


CHAPTER   IV. 


THE   TUDOR   PERIOD. 

Precedents  and  the  Alien  Priories 28 

The  Dissolution  of  the  Monasteries 29 

Dissolving  Statutes 29-31 

Impropriations 29,  31 

Validity  of  Appropriations  and  Cases 30 

Validity  of  Imi^ropriations  and  Cases 30 

Parcellers 31 

Perpetual  Curacies 31 


CONTENTS. 


XI 


CHAPTER   V. 


THE   NEW   PROPEKTY  AND   ITS   INCIDENTS. 


estates  under  Elizabetli 


Conveyance  of  Impropriate  Tithes 

Tithes  separate  and  not  appurtenant  to  Lands 

Descent  of  Imi^ropriate  Tithes 

Devise  of  Impropriate  Titlies 

Alienation 

Exchange  of  Tithes  for  Bishop's  < 
Powers  of  Leasing;; 
The  Enabling  Statute 
The  Restraining  Statutes    . 
Charges  on  Benefices  . 
Penalties  on  Non-residence 
Leasing  powers  up  to  Victoria 


PAGE 

32,  33 
33 
33 
33 
34 
34 
35 
35 

34-36 
30 
37 
38 


CHAPTER   Vr. 


LATER   HISTORY. 


The  Tithe  Commutation  Act  and  Sir  R.  Peel' 

s  and  Lord  John  Russel^^ 

plans 

Tithe  Commissioners  .... 

40,41 
41 

Voluntary  agreements  for  Commutation 
Compulsory  Award      .... 

Com  Averages 

Substituted  Rent-charge 
Deduction  of  it  from  Rent  . 

41 
11 
41 
42 
42 

Distraint 

42 

Rates  and  Taxes,  including, 

43 

Poor  Rate     ..... 

43 

Land  Tax     ..... 

43 

Highway  Rates     .         .         .         .         . 
Church  Rates        .... 

43 
44 

Land  given  in  lieu  of  Tithes 

44 

Merger 

Later  Acts  of  Parliament    . 

44 
44,   \-> 

X\l 


(lONTENTS. 


CHAPTER    VII. 


TITHEABLE   MATTERS. 


Definitions  of  Tithe   . 
Prsedial  Titheable  Subjects 

List  of  in  "William  I.'s  Laws 

Tithes  enforced  by  Councils 

Winchelsey's  Council  . 

And  Enforcement  of  Personal  Tithes 

Stratford's  Synod  enforcing  Tithes  of  Silva  Caedua 

Conflict  with  the  Commons 

Case  of  Lozon  v.  Pryse 

Commutation  Acts  and  Tithe  of  Wood 

Agistment    ...... 

Hops,  Market-gardens  and  Orchards  . 

Extraordinary  Tithe    .... 

Market-gardens  Act  of  1873 

Extraordinary  Tithe  Redemption  Act. 
Personal  Titheable  Matters,  viz.  Mills  and  Fish 
Things  not  Titheable  except  by  custom,  viz., 

Stones,  Slate,  &c 

Lammas  Lands  .... 

Commons  and  Extra-parochial  places 

Barren  and  Waste  Lands  brought  into  cultivation 

Iiiclosures  ........ 


■49, 


PAGE 

47 
47 
47 
48 
48 
49 
50 
50 
51 
51 

51,  52 
52 
53 
53 
54 
55 

55-57 
58 
58 
59 
60 
60 


CHAPTER    VIIL 


PROCEDURE 

Tithe  Laws  of  Charlemagne 

The  Saxon  Period      ..... 

The  Shiremoot    ..... 
The  Norman  Period 

Separation  of  the  Ecclesiastical  and  Temporal  Courts 

But  suits  of  Tithes  still  determined  in  both 

Procedure  during  the  Norman  Period 

Gradual  ousting  of  jurisdiction  by  the  Ecclesiastical  Courts 

Procedure  in  them       ...... 

In  Secular  Courts  Proliibitions,  in  the  nature  of  an 
Indicavit  and  Inquest  ..... 

Statutes  of  Westminster  II.  and  Circumspecte  Agatis 


61 
61 
62 
62 
63 
63 
•64 
65 
65 
66 
66 
66 


CONTEXTS. 


xni 


Writ  of  Indicavit  granted  wIkmi  not  less  tliiui  a  fourth  of  the  vahie  of 

the  Tithe  is  in  dispute,  wliich  makes  way  for  the  Writ  of  Right  of 

Advowson  of  Tithes 

Form  of  an  Indicavit  . 

Writ  of  Scire  Facias    . 

Finding  by  Inquest 

When  right  appears  by  Patent 

When  right  appears  by  Fines  and  Recoveries 

Process  of  Command  or  Mandamixs 


PAGE 


G7 
G7 
69 
69 
70 
72 
73 


CHAPTER    IX. 


PROHIBITIONS   AND   PROCEDURE   FROM   THE   DISSOLUTION. 


Prohibitions  when  granted 

Suggestion  ......... 

Consultation        ........ 

Acts  of  Henry  VIII.  and  Edward  VI.  and  Rulings     . 

Recovery  of  Small  Tithes  before  J.P's.  under  7  and  8  Will 

Limitations  of  the  Canon  Law  by  2  and  3  Ed.  VI.  c.  13 

Quakers       ......... 

Statutes  of  Anne  and  the  Georges       .... 

Courts  of  Common  Law  and  Equity    .... 

Statute  of  Limitations ;  how  applied  to  Tithes    . 
The  Commutation  Act        ....... 

Recovery  by  Distraint  ...... 

Writs  of  Assessment  and  Habere  Facias  Possessionem 

Quakers  under  the  Act         ...... 

Railways      ......... 

Tenants  quitting  without  paying  Tithes      .         .         . 


III. 


c.  6 


74 
75 

76 
80 
81 
83 
82 
82 
83 
83 
84 
84 
84 
85 
85 
85 


CHAPTER   X. 


DISCHARGE   AND  EXEMPTIONS  FROM  THE   PAYMENT  OF   TITHES. 


I.  (A)  Real  Composition 

Ancient  Case        ...... 

Effect  of  the  Disabling  Statute  . 
Recjuisites  for  a  Real  Composition 
Establishment  of  tlu'iii  by  Courts  of  Ecjuity 


hi; 
87 
HS 
H9 
H'.l 


XIV  CONTENTS. 

PAGE 

(B)  Modus  Decimandi 90 

Ancient  Jurisdiction  in  matters  of  Modus 91 

Eequisites  of  a  Modus 92 

Leaping  Modus 93 

Eank  Modus 93 

Discharge  of  a  Modus 94 

Modus  Act  of  William  IV 95 

II.  De  Non  Decimando 96 

III.  Grant  or  Privilege 97 

The  privileged  orders 97 

Papal  Bulls  of  Exemption  from  Tithes 97,  98 

Prajmuuire 98 

IV.  Unity  of  Possession  ..........  98 

Eequisites 98 

Exemptions  under  Henry  VIII.'s  Acts 98 

Of  the  Privileged  Orders  uuder  them 99 

Quantity  of  Estate  necessary 99,  100 

Privileged  Orders  discharged  by  Composition  or  Prescription      .  101 

The  Commutation  Act        ..........  102 


CHAPTER   XI. 

TITHES   IN   THE    CITY  AND   LIBEETIES   OF   LONDON. 

Voluntary  Offerings 103 

Ordinance  of  Bishop  Niger 103 

Acts  of  Henry  VIII 104 

Acts  of  Charles  II.  after  the  Great  Fire 106 

Acts  of  Parliament  for  certain  Parishes 100 

General  Conclusion 107 


INTRODLXTION. 

"  In  examining  an  expression,"  says  Sir  Henry  Maine  when 
speaking  of  the  term  Equity',  "which  has  so  remote  an  origin 
and  so  long  a  history  as  this  it  is  always  safest  to  penetrate  if 
possible  to  the  simple  metaphor  or  fignre  which  at  first  shadowed 
forth  the  conception."  We  may  well  apply  this  rule  to  an 
elementary  historical  consideration  of  the  term  "  tithe."  First, 
then,  etymologically  tithe  in  its  proper  sense  is  "tenth,"  the 
words  in  fact  being  doublets,  the  original  form  of  which  appears 
in  Anglo-Saxon  as  teoSa,  whilst  its  modern  description  is  "  the 
tenth  part  of  the  produce  as  offered  to  the  clergy."  The  original 
metaphor  appears  to  be  the  offering  of  a  certain  part  to  those 
who  administer  the  benefits  of  religion  in  return  for  their 
administration.  Thus  in  the  early  Biblical  narrative  we  read 
how  Abram  gave  a  tenth  of  his  booty  after  the  kings'  war  as  an 
offering  to  the  High  Priest.  Jacob  vowed  tithes  at  Bethel,  and 
under  the  Mosaic  Law  most  onerous  and  well-nigh  intolerable 
payments  were  exacted  to  support  the  priestly  class. 

Although  the  Romans  were,  comparatively  early  in  their 
history,  freed  from  the  iron  bonds  of  sacerdotalism,  the  potency 
of  gods  was  often  specially  recognised  after  a  successful  campaign 
by  the  offering  to  their  service  of  a  tenth  of  the  booty.  A 
profitable  sale  was  often  made  the  occasion  for  a  vow  of  a  tenth 
of  the  profits,  but  the  gods  were  precluded  from  being  instituted 
heirs  lest  the  property  so  left  should  only  go  to  increase  the 
luxury  of  the  priests^  As  Rome  proceeded  to  her  world-wide 
dominion  direct  taxation  except  as  regards  customs  became 
unnecessaryl     The  tribute  paid  by  conquered  provinces  went 

^  Ancient  Law,  p.  58.  ■'  Nicbuln's    lioin.     Ilixt.     vol.    ii. 

^  Ulpian  Frafj.  22.  G.  p.  21'J. 

Y.  E.  1 


2  EARLY   CHRISTIAN    PRACTICE. 

into  the  cotfers  of  the  government  and  was  used  for  its  support 
and  that  of  the  sacred  colleges.  Indeed  the  fruit  of  that  great 
triumph  of  Paulus  after  the  victory  of  Pydna,  as  he  marched  to 
the  capitol  clad  in  the  vesture  of  Jove  himself,  was  the  upas-like 
secretion  finally  resulting  in  the  degradation  and  demoralisation 
of  the  Republic. 

In  the  same  way,  the  Greeks  were  wont  to  dedicate  to  the 
gods,  after  a  success  in  battle,  a  tenth  of  the  spoils \  and  this 
practice  seems  to  have  been  fairly  general  in  the  early  African 
kingdoms,  although  the  Punic  exactions  for  the  support  of 
religion  were  particularly  hard  and  onerous.  We  have  thus  seen 
that  the  payment  of  tithes  or  tenths  has  existed  from  the  earliest 
times,  we  now  come  to  consider  briefly  the  practice  after  the 
introduction  of  Christianity. 

First  of  all  we  may  note  that  there  is  no  special  enjoining  of 
the  tithe  system  in  the  New  Testament,  and  it  is  not  until  the 
time  of  the  Fathers  SS.  Jerome,  Augustine,  and  Chrysostom 
that  the  right  of  the  clergy  to  tithe  of  the  produce  of  land  is 
laid  down.  The  excessive  bounty  of  the  early  Christians,  who 
in  their  zeal  for  the  new  faith  literally  sold  all  to  follow  the 
Cross,  and  the  communistic  principles  under  which  they  lived, 
supply  abundant  reason  for  the  fact,  that  no  claim  to  the  tithe  of 
increase  is  made  by  the  earliest  Christian  clergy  on  the  ground 
that  they  are  the  representatives  of  the  Levitical  priesthood,  till 
close  upon  the  fifth  century.  This  communistic  method  of 
living  however  did  not  survive  long  after  the  time  of  the 
Apostolic  fathers.  In  the  three  hundred  years  that  intervened 
the  Christian  Church  was  supported  by  purely  voluntary  offer- 
ings^  which,  besides  being  devoted  to  clerical  purposes,  were  also 
applied  to  charitable  uses.  Selden^  appositely  remarks  that  the 
opinion  of  Origen,  who  lived  about  200  A.D.,  was  that  first-fruits 
were  due  to  the  Church,  but  he  does  not  mention  tenths  as  being 
due. 

At  the  end  of  the  fourth  and  the  beginning  of  the  fifth 
centuries  such  a  claim  as  of  right  is  laid  down  by  the  Fathers, 
both    of  the   Greek   and   of  the   Latin    Church*.     This  right 

1  Xen.  Anab.  v.  3,  4,  5.  ^  Selclen,  iv.  3. 

-  Tertullian,  Ajwl.  39.  ••  H.  and  S.  iii.  p.  637. 


COrXCILS  OF  TOURS  &  MACON.— LAWS  OF  CHARLEMAGNE.   3 


however  is  not  described  as  possessing  a  legal  sanction,  it  is  one 
of  moral  and  religious  obligation,  and  is  thus  maintained  by 
SS.  Ambrose,  Augustine,  Jerome,  and  Chrysostom,  the  first  two 
holding  that  a  full  tenth  is  due  by  God's  Law,  the  latter  that 
not  less  than  a  tenth  should  be  oflfcred*. 

Again,  in  several  Councils  of  the  Church  the  payment  of 
tithes  by  the  faithful  is  insisted  on^  one  of  the  earliest  of  which 
is  that  of  Tours  held  in  the  year  a.d.  567,  where  it  is  declared, 
"  But  we  most  earnestly  press  this  upon  you,  that,  following  the 
example  of  Abraham,  it  may  not  grieve  you  to  offer  to  God 
tithes  of  all  for  the  preserving  of  the  remaining  goods  which  you 
possess."     ("Illud  vero  instantissime  commonemus  ut  Abrahae 
documenta  sequentes,  decimas  ex  omni  facultate  non  pigeat 
Deo  pro  reliquis  quae  possidetis  conservandis  oflferre.")     And 
again  this  is  more  strongly  enjoined  by  the  Council  of  Macon, 
held  A.D.  589 — the  authenticity  of  which  Selden^  denies,  and  he 
further  adds  that  no  law  s^Tiodal  or  pontifical  occurs,  where 
tithes  are  enjoined  to  be  paid  till  near  the  end  of  the  8th 
century.     Payment  of  tithes  being  thus  enforced  by  a  moral  and 
religious  sanction  it  remains  for  us  to  show  the  attachment  of  a 
legal   sanction.     This   was   done    for   the   Frank   kingdom   by 
Charles  the  Great  A.D.  779,  and  afterwards  in  the  year  787  when 
he  had  become  Emperor  these  laws  were  received  as  Imperial 
laws.     It  was  ordained  as  follows  "  concerning  tithes ;  that  each 
person  shall  give  his  tithe,  and  that  they  be  dispensed  according 
to  the  order  of  the  bishop."     ("  De  decimis ;   ut  unusquisque 
suam  decimam  donet,  atque  per  jussionem  pontilicis  dispensen- 
tur^")     By  this  enactment  the  eleemosynary  nature  of  tithe  in 
the   Frank   kingdom   ceased.       It   at    once    assumed    a    legal 
character.     "The   tithe,"   says   Milman,  "was  by  no  means   a 
spontaneous  votive  offering  of  the  whole  Christian  people.     It 
was   a   tax   imposed   by  imperial    authority  and    enforced   by 
imperial  power^"      Summing   up  the  general    history    of  the 
subject  at  this  period  Hallam^  says,  "  We  find  the  payment  of 
tithes  first  enjoined  by  the  canons  of  a  provincial  council   in 


'  Bingham's  Antiq.  ii.  81,  85. 
-  Council  of  'Tours,  a.l>.  uG7. 
^  Scldcn,  .58-00. 


*  Capitt.  (ed.  Baluzc)  i.  Ill,  112. 
•''  VuL  II.  p.  2'J2. 
«  Mid.  Afjes,  p.  335. 

1—2 


4  THE   BRITISH    CHURCH. 

France  near  the  end  of  the  sixth  century.  From  the  9th  to  the 
end  of  the  12th  century  and  even  hiter  it  is  continually  enforced 
by  similar  authority.  Father  Paul  remaiks  that  most  of  the 
sermons  preached  about  the  8th  century  inculcate  this  as  a 
duty,  and  even  seem  to  place  the  summit  of  Christian  perfection 
in  its  performance.  This  reluctant  submission  of  the  people  to 
a  general  and  permanent  tribute  is  perfectly  consistent  with  the 
eagerness  displayed  by  them  in  accumulating  voluntary  donations 
upon  the  Church.  Charlemagne  was  the  first  who  gave  the 
confirmation  of  a  civil  statute  to  these  ecclesiastical  injunctions  ; 
no  one  at  least  has,  so  far  as  I  know,  adduced  any  earlier  law 
for  the  payment  of  tithes  than  one  of  his  capitularies." 

We  have  then  arrived  at  the  point  where  the  right  to  tithes 
is  established  on  the  continent  of  Europe.  They  are  paid  to 
monasterial  houses,  to  the  clergy  and  the  poor,  and  perpetual 
consecrations  are  often  made  at  the  pleasure  of  the  owner. 
Before  proceeding  to  the  more  particular  part  of  the  subject  of 
this  essay,  viz.  that  which  refers  to  the  History  of  the  Law 
of  Tithe  in  England,  it  may  be  as  well  to  consider  the  question 
as  to  the  existence  of  tithes  in  the  British  Church  as  distin- 
guished from  the  Anglo-Saxon. 

How  and  when  the  Britons  embraced  Christianity  or  who 
was  "  the  first  that  ever  burst "  into  the  sea  of  their  savagery 
are  questions  not  for  us  to  determine.  Suffice  it  to  say  that  at 
the  end  of  the  2nd  century  there  were  regions  in  Britain 
inaccessible  to  the  Romans  "subdued  to  Christ'."  During  this 
time  too  a  full  diocesan  episcopacy  existed,  as  is  shown  from  the 
signatures  to  the  Council  of  Aries  (a.d.  314)  summoned  to 
suppress  the  Donatist  heresy.  There  does  not  seem  to  have 
existed  in  the  British  Church  any  division  of  dioceses  into 
parishes.  The  diocese  itself  was  the  parish,  and  the  churches 
studded  over  it  were  used  more  as  mission-houses  or  capellae. 
The  ministering  clergy  lived  together  in  the  collegium  or 
monasterium,  the  head  of  which  was  the  abbot.  These  monas- 
teries were  at  first  supported  by  the  free-will  offerings  of  the 
people^,  but  as  they  became  more  numerous  and  the  obligations 
and  benefits  of  religion  more  understood  and  appreciated,  these 

1  Tert.  adv.  Juda-os,  c.  7.  -  Thomas,  Hist,  of  St.  Asaph,  p.  14. 


ORGANISATIOX    AND    LATFR    HISTORY.  5 

casual  offerings  took  a  more  systematic  form.  At  length  certain 
kinds  of  produce  were  taxed  voluntarily,  and  lords  of  the  soil  in 
founding  churches  would  reserve  as  an  endowment  what  we 
may  call  a  rent-charge  as  a  provision  for  some  member  of  their 
family.  This  was  in  the  nature  of  a  creation  of  an  advowson, 
and  it  was  the  natural  result  that  the  succession  to  the  benefice 
became  hereditary.  This  peculiar  endowment  accounts  for 
many  of  the  endless  moduscs  which  in  later  years  make  the 
history  of  the  law  of  tithes  almost  appear  frivolous. 

After  the  Saxon  invasion  the  British  Church  still  existed  in 
the  parts  known  as  Strathclyde,  North  Wales,  and  West  Wales. 
By  this  time  the  monastery  had  become  the  bishopric,  and  the 
abbot  the  bishop.  New  churches  have  now  sprung  from  the 
mother-churches,  and  the  latter  have  secured  some  service  from 
their  offspring.  Here  we  see  the  origin  of  those  cases  where  in 
one  parish  a  part  of  the  tithes  is  payable  to  another. 

Even  in  these  early  days  there  appears  to  have  existed  a 
substantial  connexion  between  the  Welsh  State  and  the  Welsh 
Church,  for  in  the  femous  code  of  Howel  the  Good  it  is  declared 
to  be  "the  duty  of  the  sword  to  protect  the  staff,"  the  privileges 
of  the  Church,  her  rents,  services  &c.  being  dependent  on  the 
land  are  also  dependent  on  the  king.  In  the  compilation  of 
those  laws  the  assistance  of  the  clergy  is  specially  invoked  "lest 
the  laity  should  enact  anything  that  was  contrary  to  the  Holy 
Scripture  \" 

Finally,  it  remains  for  us  to  add  that  from  the  refusal  of  the 
British  bishops  to  acknowledge  the  supremacy  of  the  See  of 
Canterbury  at  the  Conference  of  Augustine's  Oak,  the  Welsh 
Church  maintained  for  a  long  time,  in  a  limited  degree,  its 
independence.  The  settlement  of  the  great  controversy,  which 
divided  Christians  into  two  opposing  hosts  as  to  the  proper 
time  for  the  celebration  of  Easter,  was  effected  as  regards 
England  by  the  Council  of  Whitby  in  A.D.  GG4.  The  Roman 
method  was  then  adopted,  but  it  was  well-nigh  a  century  before 
the  British  Church  acquiesced  in  the  rule.  North  Wales  agreed 
to  follow  the  English  and  Roman  course  in  the  middle  of  the 
8th  ccnturyl     A  Welsh  victory  over  the  English  at  Hereford 

1  11.  and  S.  I.  p.  'il'J.  -  Ant.  Iliit.  Church,  i).  250. 


6   SUPREMACY  OF  CANTERBURY  OVER  THE  WELSH  CHURCH. 

for  a  time  upheld  the  refusal  of  South  Wales,  but  the  latter 
submitted  a  few  years  later  (a.d.  777).  Attempts  were  however 
made  to  return  to  the  ancient  practice,  and  though  the  virtual 
supremacy  of  Canterbury  over  the  British  Church  may  be  said 
to  date  from  the  above  settlement,  the  constant  disputes  that 
were  ever  arising  between  the  two  Churches  show  it  to  have 
lacked  that  finality,  which  only  the  process  of  the  years  could 
bring.  It  was  not  till  after  the  Norman  Conquest  that  juris- 
diction was  directly  claimed  by,  and  not  till  the  middle  of  the 
12th  century  that  the  last  Welsh  bishop  finally  gave  in  his 
adherence  and  professed  obedience  to,  the  Primate  of  All 
England. 


CHAPTER   I. 


Of  the  five  invasions  to  which  our  country  has  been  subject 
the  little  Isle  of  Thanet,  hardly  distinguishable  from  the  marsh 
and  mud  of  the  Thames  bank,  has  been  the  spot  where  twice 
the  foreign  foot  has  first  touched  our  soil.  Scarce  a  century 
had  elapsed  since  Hengist  and  his  fierce  war  band  landed  at 
Ebbs-fleet,  ere  the  little  company  of  monks  under  Augustine 
commenced  there  the  peaceable  invasion  which  reduced  England 
to  Christianity. 

Surprised  and  amazed  Augustine  well  might  be,  when  he 
found  at  Canterbury  the  ruined  remnants  of  an  ancient 
Christian  church,  and,  dimly  as  it  were,  heard  of  the  existence 
of  another  in  the  heart  of  Wales.  But  in  England  itself  the 
very  memory  of  the  British  Church  had  passed  away.  Fifty 
years  had  been  quite  long  enough  to  efface  from  recollection 
the  brave  asceticism  of  the  monks,  who,  from  the  monstre 
monastery  at  Bangor  Is  y  Coed,  had  followed  the  army  of  the 
Britons  to  death  and  defeat  before  Ethelfrith  of  Northumbria. 
It  is  not  our  business  to  trace  the  course  of  the  conquering 
Christianity.  Thirty-five  years  saw  the  new  religion  fairly 
established,  though  the  death-struggle  of  heathendom  was  yet 
to  come.  To  Augustine  the  early  lawyers  are  wont  to  refer  the 
introduction  of  the  custom  of  tithe-paying,  chiefly  on  account 
of  one  of  the  answers  sent  by  Pope  Gregory  the  Great  to  him. 
The  question  referred  to  the  payment  of  the  clergy,  and  Gregory 
advises  Augustine  and  his  monks  to  abide  by  the  rule  of  the 


8  THE   SAXON    CHURCH. — GROWTH   OF   PARISHES. 

Apostles,  "to  all  of  whom  all  was  common*."  The  usual  plan, 
however,  he  explains,  was  to  divide  the  free-will  offerings  into  four 
parts,  for  the  bishop,  the  clergy,  the  poor,  and  the  repair  of 
churches^;  but  there  is  no  mention  of  tithes,  and  as  we  shall  see 
they  were  of  a  later  growth.  Augustine  and  his  immediate 
followers  were  essentially  missionaries.  They  converted  the  king 
first  and  the  people  after.  Dioceses  coincided  with  kingdoms,  and 
the  bishop  himself  was  but  a  royal  chaplain.  He  was  both  rector 
and  bishop  of  his  parish  or  diocese,  and  after  the  tithing  system 
was  established,  the  right  of  all  tithes  belonged  to  him.  These 
dioceses  were  manifestly  too  unwieldy,  too  few,  and  too  large. 
Further  a  great  schism  divided  the  Saxon  Church  in  the  middle 
of  the  7th  century,  and  though  it  was  merely  the  final  contest  of 
Rome  for  supremacy  over  the  Irish  Church,  yet  it  was  a  contest 
of  vast  importance  to  England.  The  secession  of  the  monks  of 
Holy  Island,  after  the  judgment  of  the  Council  of  Whitby,  left 
in  England  a  united  Church.  It  was  to  re-organize  and  con- 
solidate this  united  Church  that  Rome  sent  over  a  priest  whose 
work  remains  to  us  to  this  day.  Theodore  of  Tarsus  landed  in 
A.D.  668,  and  the  diocesan  church  which  exists  now  is  practically 
the  same  as  he  left  it  in  A.D.  690.  New  sees  were  created  and 
grouped  round  Canterbury  as  centre,  and  new  bishops  acknow- 
ledged her  bishop  as  primate.  To  Theodore  has  also  been 
attributed  our  "  parish  "  system  in  the  modern  sense,  but  this  is 
a  mistake  due  to  a  confusion  of  the  ancient  and  modern  senses 
of  the  word  "Parochia."  In  the  ancient  sense  it  denotes  a 
bishopric  or  see,  and  these  Theodore  did  constitute ;  but  the 
modern  parishes  are  of  a  natural  growth.  They  are  the 
natural  descendants  of  the  original  mm'k,  and  their  confines 
the  confines  of  the  village  community ^  The  process  of  the 
formation  of  a  parish  would  be  somewhat  as  follows.  In 
building  and  dedicating  churches  the  founders  used  as  boun- 
daries those  already  established  for  the  township  or  village 
community.  There  might  be  some  existing  in  the  latter  part 
of  the  7th  century*,  but  there  were  none  in  Northumbria  as 

1  Greg.  Ep.   1.  0.  -50.     Maimliourg,  >'  Digby,    Hist.    Bcid    FjJttj.    under 

201— in.  Parhhcs. 

-  II.  aiad  S.  in.  p.  10.  ^  H.  and  S.  ni.  p.  122. 


GRO\\TH    OF   PARISHES. —  EGBERT'S    EXCERPTIONS,  9 

far  down  as  the  year  734.  In  later  Saxon  times  these  town- 
ships with  the  churches  situated  in  them  became  manors,  a 
name  first  used  in  the  reign  of  Edward  the  Confessor.  "  The 
services  were  rendered  to  the  supreme  Landowner  who  at  the 
Conquest  became  a  Norman  instead  of  a  Saxon.  The  name 
manor  becomes  now  general,  and  England  is  parcelled  out  into 
manors  often  coinciding  with  the  boundaries  of  the  parish'." 

As  early  as  Theodore's  time  the  duty  of  giving  tithes  to 
sacred  purposes  was  part  of  the  law  of  the  Church,  and  as  we 
have  already  seen  it  was  established  by  Church  Councils  on 
the  Continent.  Thus  we  find  in  Theodore's  Penitential  II.,  2. 
7,  "  A  priest  is  not  bound  to  pay  tithes  "  (Presbitero  decimas 
dare  non  cogitur),  and  again  ib.  14.  1,  "The  proper  seasons  for 
fasting  are  three  a  year  for  the  people,  viz.,  forty  days  before 
Easter,  when  we  pay  the  tithes  of  the  year  (ubi  decimas  anni 
solvimus)."  The  custom  having  thus  been  established  as  a 
moral  obligation,  we  shall  now  proceed  to  trace  the  different  steps 
by  which  it  gradually  became  established  by  law.  In  later  times, 
when  parishes  have  become  more  defined  and  settled,  the  mission 
church  (capella),  or  that  built  by  the  lord,  becomes  the  parish 
church,  the  mission  priest,  or  the  lord's  chaplain,  the  parish 
priest,  and  the  tithes  paid  by  the  lord's  holding  the  permanent 
endowment  of  the  minister  of  the  parish. 

(1)  It  has  often  been  held,  that  the  earliest  tithe  laws  by 
which  a  legal  sanction  was  first  attached  to  the  already  existing 
moral  obligation  on  the  part  of  Christians  to  pay  tithes,  are  con- 
tained in  a  collection  of  Canons,  attributed  to  Egbert,  archbishop 
of  York,  and  supposed  to  have  been  written  between  the  years 
743  and  7G7.  The  substance  of  the  canon  in  question  is  that 
the  priest  is  to  teach  the  people  to  pay  tithes  and  to  keep  a 
register  of  them  himself.  There  is  also  a  tripartite  division  of 
them  for  the  church  fabric,  the  poor,  and  the  priest.  Comber' 
and  others  uphold  the  validity  of  these  canons,  but  Seklen' 
rightly  declares  them  to  be  spurious.  "The  fact  tli.it  these 
Excerptiones  contain  extracts  from  the  Capitularies  of  Charles 
the     Great    is     fatal     to     their     claim    to     be     regarded    as 

J  Digby,  ibid.  -  Ili.st.  Vind.  nf  Dir.  i;i<jlil  ni  Tithes,  1685,  p.  KIT. 

•■»  Sclclcn,  1).  r.l7. 


10  FIRST   TITHE    LAW. — COUNCIL    OF   CELCHYTH. 

Egbert's\"     They  therefore  cannot  be  regarded  as  the  earliest 
tithe-laws. 

(2)  In  the  year  787  the  first  real  legal  sanction  was 
attached  and  the  payment  of  tithes  made  compulsory ;  and 
this  it  will  be  observed  was  contemporary  with  the  tithe 
legislation  of  Charlemagne.  In  the  previous  year  Pope  Adrian 
I.  sent  legates  to  Britain  "  to  renew  the  faith."  These  legates 
were  George,  bishop  of  Ostia,  and  Theophylact,  bishop  of  Todi. 
Two  important  synods  were  held,  one  in  the  north  under 
Ethelwald,  king  of  Northumbria  at  Pincahala — either  Finchale 
in  Durham,  or  Wincle  in  Cheshire — and  the  other  in  the  south 
under  Offa,  king  of  Mercia,  both  in  787.  The  legates  had 
previously  met  Offa  and  Kynewulf,  king  of  the  West  Saxons, 
on  their  landing  in  786,  but  the  latter  king  was  killed  in  that 
year.  At  the  southern  council,  which  was  held  at  Celchyth,  or 
Chelsea,  the  decrees  of  the  northern  council  were  confirmed. 
The  legates  sent  a  lengthy  report  of  the  proceedings  to  Adrian, 
Chap.  XVII.  of  which  is  headed,  "  That  tithes  be  paid  in  full " 
(Ut  decimse  juste  solvantur)^  After  quoting  some  scriptural 
commands  as  to  tithes  it  says,  "Wherefore  we  do  solemnly  enjoin 
that  all  take  care  to  pay  the  tenth  of  all  that  they  possess 
because  that  specially  belongs  to  God ;  and  let  each  one  live  on 
the  remaining  nine  parts  and  give  alms ;  and  we  advised  that  he 
does  these  in  secret  because  it  is  written  '  When  thou  givest 
alms  sound  not  the  trumpet' "  (Unde  etiam  cum  obtestatione 
prsecipimus,  ut  omnes  studeant  de  omnibus  quae  possident  deci- 
mas  dare,  quia  speciale  Domini  Dei  est :  et  de  novem  partibus 
sibi  vivat,  et  eleemosjmas  tribuat,  et  magis  eas  in  absconditis 
facere  suasimus,  quia  scriptum  est,  "  Cum  facis  eleemosynam, 
noli  tuba  canere  ante  te  ").  The  decrees  of  this  council  it  will 
be  noted  were  accepted  as  binding  by  the  king  and  Witan  of 
Mercia  and  Northumbria,  and  in  all  probability  by  the  Witan 
of  the  West  Saxons.  There  does  not  appear  to  be  any  other 
enactment  extant,  in  which  is  laid  down  the  obligation  to  pay 
tithes,  though,  as  we  shall  see,  it  is  established  as  law  in  the 
time  of  Edward  the  Elder,  901.     In  what  way  the  decrees  of 

i  H.  and  S.  in.  p.  415.  «  H.  and  S.  iii.  456. 


*-t 


OFFAS  SUPPOSED  GRANT. — ETHELWULF  S  CHARTERS. 


n 


the  councils  were  enforced,  or  whether  they  were  enforced  at 
all  we  do  not  know\  , 

(3)  Next  may  be  noted  two  mistakes  made  by  the  old 
chroniclers,  Avhich  have  been  the  cause  of  much  misconception 
as  to  the  legal  origin  of  the  right  of  the  clergy  to  tithes.  The 
first — one  not  nearly  so  fertile  a  source  of  error  as  the  second — 
is  that  Offa,  king  of  Mercia,  made  a  grant  of  all  the  tithes  of  his 
kingdom  to  the  Church  as  a  penance  for  a  murder  which  he  had 
committed.  The  second  is,  that  a  similar  grant  Avas  made  by 
Ethelwailf  in  the  year  855.  In  the  opinion  of  modern  historians 
this  grant  which  has  been  supposed  by  many  to  be  the  original 
deed  of  gift  upon  which  the  legal  right  to  tithes  in  England 
depends,  does  not  really  relate  to  tithes.  The  explanation  of  this 
Charter  given  by  Kemble  in  the  Codex  Diplomaticus^  is  now  re- 
garded as  correct.  Ethelwulf  at  that  time  being  humbled  and 
terrified  at  the  success  of  the  Danish  invaders,  decided  to  liberate 
a  tenth  part  of  his  estate  from  the  services  and  exactions  which 
accrued  by  their  hereditary  tenure,  whether  they  were  in  the 
hands  of  the  clergy  or  the  laity.  "  He  released  from  all  pa}Tiients 
except  the  inevitable  three,"  i.e.  the  trinoda necessitas,  viz.:  F}Td, 
Brig-bot,  and  Burh-bot,  a  tenth  part  of  the  folc-land  or  unen- 
franchised lands,  whether  in  the  tenancy  of  the  Church  or  his 
thanes.  In  this  tenth  part  of  the  lands  so  burdened  in  his  favour 
he  annihilated  the  royal  rights  of  Regnum  or  Imperium.  The 
charter  thus  amounts  to  a  grant  of  freedom  from  royal  taxation  to 
a  tenth  part  of  his  lands.     In  an  important  note  on  this  charter 


^  In  his  "Ancient  Facts  and  Fiction.s 
concerning  Churches  and  Tithes" 
which  was  pubhshed  after  the  com- 
pletion of  this  Essay,  pp.  144 — 167, 
Lord  Selbornc  disputes  the  legislative 
character  of  the  Acts  of  these  Councils. 
Ho  declares  from  an  examination  of 
' '  external  and  internal  evidence  "  that 
their  character  is  that  of  "  a  pastoral 
precept  and  not  legal  enactment,"  in 
fact  that  there  is  no  sanction  attached 
to  the  articles  but  a  spiritual  one.  In 
this  view  he  is  opposed  by  such  great 
authorities   as    Haddan    and    Bishop 


Stubbs  and  by  several  others.  His 
strongest  arguments  are  deduced  from 
the  form  of  the  Legate's  report,  but 
they  are  discounted  by  the  very  fact 
that  it  was  merely  a  report.  It  does 
not  pretend  to  be  an  exposition  of  the 
laws  but  only  to  declare  what  the  legates 
actually  did.  It  is  a  narrative  of  tlicir 
work  and  not  a  copy  of  the  Statutes 
passed.  Some  of  the  articles  are  ex- 
pressly called  "decrees,"  and  others 
"admonitions,"  and  others  "  dis- 
courses." 

'■'   (K.   C.  D.  MXLVIIl)  (CCLXXV). 


12  LAWS   OF   ALFRED  AND   EDWARD. 

in  Haddon  and  Stubbs'  Councils  and  Ecclesiastical  Documents^, 
the  subject  is  thus  summed  up:  "The  bearing  of  the  whole  dis- 
cussion on  the  subject  of  tithe  appears  to  be,  that  Ethelwulf 
merely  used  the  tenth  as  a  convenient  measure  for  ecclesiastical 
and  other  benefactions ;  and  that  this  testifies  to  an  established, 
or  at  least,  a  growing  recognition  of  the  tithe  as  a  clerical  portion. 
The  measure,  whatever  its  character,  affected  Wessex  only." 
We  may  also  add,  that  as  the  Legatine  Councils  of  787  had 
the  force  of  law,  Ethelwulf's  donation  could  not  be  a  gift  of 
tithes.  Lord  Selborne"  appropriately  remarks  with  reference 
to  this  charter  that  Messrs  Haddon  and  Stubbs'  note  hardly 
does  justice  to  the  great  authority  of  Selden,  The  latter — 
though  he  had  his  own  view  on  the  subject — states  the  question 
fairly  as  one  of  doubtful  construction.  Mr  Clarke  in  his  History 
of  Tithes,  published  early  in  1887,  seems  still  to  hold  that  Offa 
and  Ethelwulf  granted  to  the  Church  the  tithes  of  the  whole 
kingdom.  He  adopts  the  construction,  that  tithes  were  to  be 
given  as  a  free-will  offering,  and  by  this  explains  the  fact  that 
no  punishment  is  laid  down  in  the  charter  for  disobedience. 
He  attributes  the  granting  of  them  to  the  Church  to  Roman 
influence  over  the  weak  and  superstitious  mind  of  the  king. 
Such  a  construction  of  the  charters  has  been  abandoned  by 
nearly  all  modern  historians.  An  examination  of  them  shows 
that  Ethelwulf's  act  was  merely  an  act  of  enfranchisement. 
It  converted  a  tenth  of  the  folc-land  into  hoc-land,  which  thus 
became  liable  only  to  the  three  services,  of  military  expeditions, 
and  the  repair  of  roads  and  bridges,  and  of  forts. 

(4)  By  the  time  of  Edward  the  Elder,  A.D.  901,  we  find  the 
legal  obligation  of  the  tithe  established  as  law.  Among  the 
conditions  of  peace  between  Alfred  and  Guthrum  the  Dane, 
and  which  were  renewed  by  Edward  his  son,  appears  one  for 
the  payment  of  tithes.  "  If  any  one  withhold  tithes  let  him 
pay  lahslit  among  the  Danes,  and  wite  among  the  English ^" 
In  this  we  first  see  a  legal  sanction  attached  to  the  legal 
obligation.  It  here  takes  the  form  of  a  penalty  or  mulct  for 
non-payment.     About  the  year  927  Athelstan  issued  a  royal 

'  Vol.  III.  p.  637.  ^  Wilkins,  I.ctjcs  Amjlo-Sax.  p.  51. 

-  Defence  of  Church  of  Eiig.  p.  131. 


ATHELSTAN's   injunction. — EDGAR'S   LAWS.  l'^ 

injunction  with  the  consent  of  the  archbishops  and  bi.shops  for 
all  the  realm,  for  the  payment  of  prsedial  and  mixed  tithes  and 
of  living  cattle,  and  ordered  that  his  judges  should  see  it  well 
executed  \  This,  it  must  be  remembered,  was  not  an  act  of 
legislation.  It  was  a  royal  command,  and  the  penalty  for 
non-obedience  would  be  the  same  as  that  for  contempt  of  the 
royal  authority.  Further,  thirteen  or  fourteen  years  later, 
king  Edmund  ^  in  a  national  synod  made  excommunication  the 
penalty  for  non-payment.  Thus  we  have  a  definite  real  sanction 
attached  to  the  recognised  religious  obligation  to  pay  tithes. 

(5)  The  ordinance  of  the  Himdred  enacted  by  Edgar  circ. 
970  contains  the  first  recognition  of  the  rights  of  particular 
churches  to  tithes.  We  shall  consider  these  laws  more  fully 
■when  we  come  to  describe  the  growth  of  the  parish  system.  It 
is  sufficient  here  to  state  that  by  it  tithes  are  to  be  paid  to  "the 
old  Minster  to  which  the  district  belongs"  both  from  a  thegn's 
in-land,  i.e.  demesne,  and  from  geneat-land,  i.e.  land  cultivated  by 
geneats,  or  those  holding  by  service.  The  times  for  paying 
tithes  are  fixed  at  Whitsuntide,  when  tithe  of  cattle  was  to 
be  given,  and  at  Martinmas  (ad  aequinoctium)  for  earth's-fruits. 
The  means  of  enforcing  payment  are  very  stringent.  The  king's 
and  bishop's  reeves  together  with  the  mass-priest  of  the  principal 
church  were  to  go  to  the  defaulter  and  take  the  whole  of  his 
produce.  The  tithe  due  to  the  principal  church  was  then  taken 
and  the  defaulter  given  back  one-tenth.  The  remaining  eight- 
tenths  were  divided  between  the  lord  and  the  bishop.  The  above 
rules  were  re-enacted  by  Canute,  and  according  to  some  authori- 
ties by  Ethclred.  The  laws  attributed  to  the  latter  are  identical 
with  Edgar's  laws  except  in  one  point.  Upon  this  the  claim  of 
the  poor  to  a  part  of  the  tithes  is  based.  The  division  given  is 
tripartite,  the  third  part  being  for  the  poor.  There  does  not 
however  appear  to  be  sufficient  authentication  for  this  collection 
of  laws.  Lord  Sclborne''  rejects  it  entirely.  Perhaps  his 
strongest  argument  is  that  had  they  ever  been  enacted  Canute 
would  have  been  asked  to  confirm  them  and  not  those  of  Edgar. 
He  holds  that  they  are  of  ecclesiastical  origin  and  are  part  of 
the  conflict  between  the  regular  and  secular  clergy.  At  this 
1  Selden,  214.  '  Fleta,  2,  47.  ^  Dcf.  Ch.  of  Evff.  p.  132. 


14     LAWS    OF    EDWARD   THE    CONFESSOR. — THE    PARISH    SYSTEM. 

time  the  parochial  system  was  in  its  infancy,  and  the  monastic 
orders  were  naturally  anxious  to  keep  any  endowments  they 
could  get  hold  of,  especially  as  they  themselves  would  at  this 
time  constitute  the  poor. 

(6)  A  collection  of  laws,  rights,  and  customs  attributed  to 
Edward  the  Confessor  was  made  by  William  I.  The  laws  of  the 
Church  are  declared  good,  and  a  long  list  of  titheable  matter  is 
given,  such  as  wheat,  flocks,  goats,  butter,  cheese,  bees,  pigs, 
mills,  fisheries,  gardens,  merchandise,  &c.  Eecovery  of  tithes 
due  was  provided  for  in  the  Bishop's  court,  and  aid  could  be 
obtained  if  necessary  from  the  King's  court.  Of  this  elaborate 
collection  Selden  justly  says  that  "it  contains  mixtures  of  later 
transcribers." 

We  have  referred  above  to  the  origin  of  the  parish  system 
and  seen  how  its  germ  lay  in  the  mark  of  the  old  village  com- 
munity. From  this  the  system  itself  was  of  natural  and  gradual 
growth.  During  the  8th  century  there  were  many  churches 
built  and  endowed  with  tithes  by  the  lords  of  the  soil,  and  it 
also  became  customary  to  appropriate  some  of  these  churches 
by  the  lords,  who  were  their  patrons,  to  religious  houses.  As 
however  religion  spread  the  lords  of  the  soil  became  desirous  of 
having  near  their  residences  chapels  and  chaplains  to  administer 
in  them  for  the  benefit  of  both  themselves  and  their  under- 
tenants \  Such  chapels  and  churches  were  continually  being 
built  all  over  the  country,  and  the  tithes  of  the  lord's  lands 
formed  the  endowment  of  the  minister.  In  earlier  times  these 
tithes  would  go  to  the  common  treasury  of  the  diocese  and  be 
then  distributed  by  the  bishop  among  his  clergy  as  he  thought 
fit.  This  plan  naturally  checked  the  devotion  of  rich  men,  and 
between  the  ninth  and  tenth  centuries  the  practice  was  relaxed. 
Laymen  were  then  allowed  to  endow  the  churches  they  had 
built  with  the  tithes  of  the  land  which  surrounded  them,  the 
limits  being  usually  conterminous  with  the  territories  of  the 
founders.  In  this  way  most  of  the  parish  foundations  which 
exist  now  in  all  dioceses  at  first  arose.  The  laws  of  Edgar 
referred  to  previously  are  the  only  legislative  acts  of  the  Saxon 
period  which  refer  to  the  parochial  system.     This  however  is 

1  Selden,  p.  259. 


THE   PARISH   SYSTEM.— SAXON   ABBEYS.  15 

natural  enough,  for  at  that  time  the  system  itself  was  only  in  its 
infancy.     Three  kinds  of  churclies  are  mentioned  in  the  laws : 

(i)  The  older  or  principal  church  ; 

(ii)  Churches  with  burial  grounds  which  lords  might  have 
on  their  manors  or  lordships ; 

(iii)  Churches  without  burial  grounds. 

The  laws  give  all  tithes  arising  in  the  adjacent  parish  to  the 
first  class  of  churches  provided  there  is  no  church  of  the  second 
class ;  but  should  there  be  such  a  church  then  one-third  was 
assigned  to  it,  and  the  remainder  to  the  principal  church.  As 
regards  this  principal  church,  some  have  held  that  it  was  the 
minster  or  cathedral  of  the  diocese.  Blackstone^  seems  to  hold 
that  the  parish  system  existed  in  full  in  the  time  of  Edgar. 
Selden  however  takes  this  to  mean  "the  ancientest  church  or 
monasterie,  where  he  hears  God's  service  which  I  understand 
not  otherwise  than  of  any  church  or  monasterie  whither  usually 
in  respect  of  his  commorancie — i.e.  as  an  inhabitant  of  a  house 
in  a  village  or  manor— he  repaired^".  That  is  the  church  which 
a  lando^vner  frequented  when  he  had  not  one  of  his  own.  The 
second  class  of  churches,  viz.  those  having  the  right  of  sepulture 
even  though  built  within  the  limits  of  the  old  parish,  became 
themselves  parish  churches  and  took  from  the  endowments  of 
the  old  church  those  appertaining  to  the  adjacent  land  and  not 
merely  the  one-third  given  by  Edgar's  law.  The  third  class  of 
churches  remained  merely  chapels  of  ease  with  no  endowments 
abstracted  from  those  of  the  mother  church. 

During  the  Saxon  period  a  large  number  of  abbeys  were 
built  and  endowed,  and  it  must  be  kept  in  mind  that  it 
was  to  them  that  tithes  were  chiefly  paid.  It  was  not  till 
about  the  year  1200  A.D.  that  the  practice  of  paying  parochial 
tithes  was  fully  established,  though  as  we  have  seen  it  did  exist 
in  a  limited  form  during  the  Saxon  period.  Up  to  the  middle 
of  the  eighth  century  the  clergy  who  occupied  monasteries  were 
of  a  mixed  character.  That  is  to  say  the  well-known  distinction 
between  regular  and  secular  clergy  had  not  arisen.  The  dis- 
advantages however  of  such  a  system  were  apparent,  and  by  the 
4th  canon  of  the  Council  of  Clovcsho  held  in  747  a  reformation 
1  liook  IV.  c.  iv.  -  Selden,  p.  2GH. 


16  SECULAR   AND   REGULAR    CLERGY. 

of  the  monastic  system  was  effected \  It  in  fact  established  the 
distinction  between  secular  and  regular  clergy,  and  hence  began 
a  breaking  up  of  the  monastic  communities  into  separate  houses 
of  monks  and  canons.  The  cathedral  clergy  are  now  known  as 
canons  who  live  together  without  monastic  vows.  This  had  a 
great  effect  on  the  future  of  tithes,  for  the  monasteries  were  free 
to  use  that  influence  over  men's  minds,  which  in  after  years 
secured  to  their  institutions  the  arbitrary  consecrations  of  the 
tithes  of  whole  tracts  of  land. 

1  H.  and  S.  iii.  p.  364. 


xoRMAX  CHURCH  ohoanizatiox.  17 


CHAPTER   ir. 


The  troublous  times,  through  which  our  country  passed  in 
the  years  immediately  prior  to  the  Norman  Invasion,  had  of 
necessity  an  effect  upon  the  practice  of  paying  tithes.  We  find 
that  towards  the  end  of  the  Saxon  period  the  payment  of  them 
was  virtually  discontinued.  Selden  attributes  this  to  the  in- 
dolence of  the  clergy,  who  by  this  time  had  become  so  rich  a 
body  that  they  neglected  to  collect  the  tithes  which  w^erc  due. 
In  Domesday  Book  tithes  are  scarcely  mentioned,  though  the 
real  endoAvnients  and  revenues  of  the  clergy  are  put  down  and 
valued.  The  property  given  to  the  religious  houses  during 
Saxon  times  had  been  for  the  most  part  held  in  common. 
After  the  Conquest  this  plan  was  changed.  Portions  of  the 
revenues  of  principal  churches  were  set  aside  by  the  Norman 
bishops  for  the  canons  as  a  common  fund,  whilst  the  remainder 
they  kept  for  themselves.  Separate  endowments  of  lands  and 
tithes  were  given  to  the  deans  and  chapters,  priors,  and  other 
principal  officers  of  the  cathedral  churches.  Further,  out  of  the 
episcopal  revenues  the  Norman  bishop  purchased  estates  for  the 
endowment  of  prebendaries,  and  this  practice  lasted  till  about 
the  beginning  of  the  13th  century.  Such  separate  endowments 
have  remained  more  or  less  intact  till  the  passing  of  the 
Cathedral  Act  of  1840,  by  which  they  were  taken  away  and 
merged  in  the  common  fund  managed  by  the  Ecclesiastical 
Commissioners. 

The  refusal  of  the  people  to  pay  tithes,  from  whatever  cau.se, 
having  become  so  general  and  extensive  at  the   time  of  the 
Y.  E.  2 


18  RIGHT    OF   RECTOR   TO   TITHES    ESTABLISHED. 

second   Henry,   Pope   Alexander   III.    interfered   in   order    to 
re-establish  the  ancient  practiced     In  a  letter  addressed  to  the 
Bishops  of  Worcester  and  Winchester,  he  declares  that  it  is  the 
custom  or  institution    of  the   Church   of   England,   that   each 
parishioner  should  pay  his  tithe  of  fruits  to  the  church  of  his 
own  parish.     Even  earlier  than  this  Adrian  IV.  speaks  of  the 
parochial  payment  of  tithes  "  as  a  known  right."     This  however 
is  certainly  an  anachronism   as  far  as   tithes  in   England   are 
concerned.     In   the   time   of  Henry  II.  no  title  to  tithes  was 
made  out   by  merely  parochial   right  ^;   but  prescription   and 
consecration  were   the  grounds  whereon  they  were  demanded. 
The  Jus  Parochiale  was  merely  the  right  of  having  the  cure  of 
souls  and  the  free-will  offerings  of  the  people.     When  a  church 
had  been  endowed  and  granted  cum  decimis,  this  and  the  jus 
parochiale  gave  the  right  to  tithes.     As  the  power  of  the  canon 
law  increased  in  the  darkest  age  of  our  history,  this  distinction 
gradually  faded.     Arbitrary  endowments,  as  we  shall  see  in  the 
next  chapter,  had  ceased  by  the  beginning  of  the  reign  of  Henry 
III.,  and  by  the  middle  of  that  reign  it  had  become  received  law 
that  all  lands  were  regularly  to  pay  tithes  to   the  parish   or 
mother- church.     The   establishment  of  this  parochial  right  is 
more  easily  seen  a  few  years  later,  when  after  the  passing  of  the 
statute  " Circumspecte  Agatis^"  in  the  writ  of  Indicavit  founded 
upon  it,  it  is  declared  that  in  and  before  that  time  the  parochial 
tithes  were  the  most  known  revenue  of  the  Church.     And  this, 
as  is  shown  later  in  the  reign  of  Ed.  III.,  agrees  with  the  count 
in  a  writ  of  Right  of  Advowson  of  Tithes,  wherein  the  esplees 
are  chiefly  laid  in  tithes,  because  "  the  Advowson  of  the  whole 
tithes  is  no  other  than  the  Advowson  of  the  Church*."     It  has 
now  become  clear  law,  and  has  remained  so  that  every  parson 
has  a  common  law  right  to  the  tithes  within  his  parish.     It  was 
unnecessary  for  him  to  show  any  other  title  to  them  in  cases 
where  no  title  or  discharge  was  alleged  by  the  defendant  when 
he  brought  his  libel  for  them. 

A  number  of  important  councils  affecting  the  payment  of 

1  Counc.  Lat.  4.  4.  *  per  Judge  Stoner  in  Corbet's  case, 

2  Selden,  361.  4  Ed.  III.  f.  27. 

3  13  Ed.  I. 


ENGLISH    COUNCILS. — MORTUARIES.  10 

tithes  were  held  during  the  reigns  of  the  early  Angeviu  kings. 
In  1175  Richard,  Archbishop  of  Canterbury,  held  a  great  council 
at  London,  the  king  and  his  son — also  king — being  present'. 
A  list  of  titheable  subjects  was  given  and  the  people  of  the 
province  were  enjoined  "  to  pay  in  full  their  tithes.  Whereas 
if  being  advised  so  to  do  they  shall  not  have  paid  let  them  be 
anathematised"  ("decimas  integre  persolvant.  Quod  si  commoniti 
nou  emendaverint,  anathemati  se  noverint").  And  again  in 
1195  another  council  was  held  under  Hubert  Walter,  Archbishop 
and  Chief  Justiciar,  which  among  other  things  ordained  that 
tithe  should  be  paid  out  of  the  wages  of  labourers  and  servants. 
To  the  Councils  of  Lateran  we  shall  specially  refer  in  the  next 
chapter.  Perhaps  however  the  most  important  canon  of  the 
English  canon  law  for  the  payment  of  tithes  was  that  passed  in 
the  year  1295  (23  Ed.  I.)  at  a  s^mod  held  in  London  under  the 
great  Archbishop  Winchelsey^  which  endeavoured  to  settle  an 
uniform  custom  of  tithing. 

We  may  here  briefly  touch  upon  a  custom  which,  though 
not  prima  facie  forming  part  of  the  subject  of  this  essay,  yet  is 
still  intimately  connected  with  the  practice  of  tithing,  and  this 
is  the  custom  of  paying  Mortuaries,  which  consisted  of  a  gift 
claimed  by  and  due  to  the  minister  on  the  death  of  any  of  his 
parishioners.  Originally  they  were — like  heriots  in  the  descent 
of  copyhold  property — purely  voluntary  bequests.  On  the  death 
of  a  man  it  was  usual  for  a  gift  to  be  made  out  of  his  property, 
to  the  Church,  as  a  recompense  for  the  personal  tithes  he  had 
omitted  to  pay  during  his  life-time.  For  this  purpose  after  the 
lord's  heriot  had  been  taken  the  second  best  chattel  was  reserved 
for  the  Church.  Conscience-money,  in  our  day,  received  by  the 
Chancellor  of  the  Exchequer  is  of  the  same  character  as  mortu- 
aries anciently  were. 

The  jurisdiction  which  the  Church  had  over  testaments  of 
chattels  easily  explains  the  growth  of  this  custom  into  a  right. 
By  the  time  of  Henry  III.  mortuaries  were  the  necessary  ingn>- 
dients  of  wills;  though  the  form  they  took  varied  as  the  custom 
was  in  different  places.  In  many  i)laces  the  clergy  exacted  a 
mortuary  or  corse-present  when  any  corpse  was  carried  through 
'  Sclden,  p.  228—33.  -   Vidf  i>ost,  \^.  IH. 


20  MORTUARIES. 

their  parishes,  the  more  general  rule  however  being  that  mortu- 
aries were  limited  to  the  parish  in  which  the  dead  man  had  lived. 
In  Wales  a  mortuary  was  due  upon  the  death  of  every  clergyman 
to  the  bishop  of  the  diocese,  but  this  was  abolished  and  recom- 
pense given  by  12  Anne,  st.  2,  c.  6.  By  the  statute  of  Circum- 
specte  Agatis^  mortuaries  became  payable  as  other  debts,  but  up 
to  the  year  1530  (circ.)  they  continued  to  be  paid  in  kind,  the 
parson  having  the  right  to  seize  the  second  best  beast  wherever 
he  could  find  it.  By  a  statute^  then  passed  money  payments 
were  substituted,  the  amount  being  in  proportion  to  the  wealth 
of  the  deceased.  It  was  also  enacted  that  no  mortuary  was  to 
be  paid  unless  it  was  due  by  custom  of  the  parish.  An  action 
of  debt  would  lie  under  the  provisions  of  this  statute  for  the  re- 
covery of  the  amount  due.  By  28  Geo.  II.  c.  6  mortuaries  were 
taken  away  in  some  English  dioceses.  The  practice  now  has 
fallen  into  disuse,  but  perhaps  it  is  represented  in  some  parishes 
by  the  offerings  of  the  mourners  which  are  collected  during  the 
reading  of  the  burial  service  inside  the  church. 

1  13  Ed.  I.  2  21  Hen.  VIII.  c.  6. 


TITHE   ENDOWMENTS.  21 


CHAPTER   III. 


The  laxity  of  the  administration  of  ecclesiastical  law  during 
the  Norman  period,  and  the  conflict  between  the  Church  and 
the  king  in  the  reign  of  Henry  II.,  account  to  a  certain  extent 
for  the  fact,  that  during  this  period,  the  lords  of  the  soil  were 
in  the  habit  of  appropriating  or  consecrating  the  tithes  of  their 
lands  to  whatsoever  churches  or  religious  houses  they  pleased. 
In  the  period  between  the  Conquest  and  the  end  of  the  reign  of 
Henry  II.  no  less  than  three  hundred  and  seventy  monasteries 
were  erected  in  this  country,  and  from  the  year  10G6  to  the 
year  1200  nearly  the  whole  of  the  appropriations  of  tithes  were 
made  to  such  bodies.  An  attempt  was  made  in  the  year  1125 
to  stop  this  practice — by  which  the  tithes  of  certain  lands  were 
made  payable  to  houses  far  distant  from  the  parish  in  which 
such  lands  were  situate — at  a  National  Synod  held  at  West- 
minster it  was  enacted  that  no  abbot,  prior,  or  clergj^man 
should  receive  any  church-title  or  benefit  from  a  layman  without 
the  consent  of  his  bishop.  But  this  canon  was  never  enforced. 
The  Church  was  weak,  and  lay  patrons  could  afford  to  pay  no 
attention  to  what  they  considered  an  encroachment  on  the 
rights  of  private  property.  At  any  rate,  it  is  certain  that  the 
practice  was  for  years  afterwards  continued,  and  that  churches 
with  tithes  were  commonly  given  by  lay  patrons  without  the 
bishop's  assent  or  institution,  both  by  appropriating  them  to 
religious  houses  and  by  filling  them  with  incumbents.  Such 
conveyances  of  the  right  to  tithes  in  th(!  form  of  a  rent-charge 
were  good  according  to  the  common  law.     'j'hc  doctrine  on  (he 


22        ARBITRARY   EXDOWMENTS. — COUNCILS   OF   LATERAN. 

subject  is  laid  down  in  the  old  law  books,  and  is  recognised  as 
good  as  far  back  as  the  time  of  Edward  III.\     "Before  the 
Council  of  Lateran,"  it  runs,  "any  man  might  grant  his  tithes  to 
what  spiritual  person  he  would^"     This  power  possessed  by  the 
lords  of  the  soil  and  fostered  by  the  religious  houses  was  used  very 
extensively,  as  we  have  remarked,  to  the  benefit  of  the  latter. 
Tithes  were  conveyed  to  them  from  different  parts  of  the  country, 
and,  in  return,  masses  were  to  be  sung  for  the  souls  of  the 
departed  pious  donors.     Sir  Edward  Parnynge,  in  the  year  book 
7  Ed.  III.^  gives  the  earliest  judicial  authority  for  the  practice. 
"  In  ancient  times,  before  a  new  constitution  made  by  the  Pope, 
a  patron  of  a  church  might  grant  the  tithes  within  that  parish 
to  another  parish."     ("  En  auncien  temps,"  he  says,  "  devant  un 
constitution    de    nouvelle    fait    per   le    Pape,    un   Patron  d'un 
Esglise  puit  granter  Dismes  deins  mesme  le  paroche  a  un  altre 
paroche  ".)     And  some  years  later^  Judge  Ludlow  writes,  "  In 
ancient  times  each  man  could  grant  the  tithes  of  his  land  to 
what  church    he    liked."     (En   auncien    temps   chescun   home 
purroit    graunter   les   Dismes   de    sa    terre    a   quel    Esglise    il 
voudroit).     To  which  is  added  by  another  judge,  in  abridging 
the  case,  "  Quod  verum  est."    The  large  number  of  such  endow- 
ments, collected  by  Selden^,  shows  the  practice  to  have  been  as 
general  as  we  have  declared  it  to  be.     What  constitution  of  the 
Pope,  or  which  council  of  Lateran  j)ut  a  stop  to  it,  has  been 
the   subject   of  much  controversy.     Blackstone^  following  Sir 
Edward  Coke,  declares  that  the  condition  of  the  secular  clergy 
being  rendered  so  poor  by  the  system  induced  Pope  Innocent 
III.  to  write  a  letter  in  the  year  1200  to  the  Archbishop  of 
Canterbury,  Hubert  Walter,  as  follows :  "  It  has  come  to  our 
hearing,  that  many  persons  in  your  Diocese  pay  their  tithes  in 
full,  or  two  parts  of  them,  not  to  the  churches  of  those  parishes 
in  which  they  dwell,  or  where  they  hold  their  lands,  and  where 
they  receive  the  Church's  sacraments ;  but  bestow  them  upon 
others,  according  to  their  own  pleasure.     Since,  therefore,  it 
seems  inconvenient  and  contrary  to  reason,  that  churches  which 

1  Coke's  Reports,  ii.  44.  *  44  Ed.  III.  f.  5,  pi.  22. 

'  HoharVs  Rep.  p.  205.  =  Selden,  ch,  11. 

3  Fol.  5,  pi.  8.  «  Vol.  HI.  p.  83. 


COUNCILS   OF   LATERAX,  23 

discharge  spiritual  functions  sliould  not  reap  and  possess  the 
temporalities  from  their  own  parishioners,  by  the  authority  of 
these  presents  we  grant  to  you  that  you  may,  notwithstanding  any 
contradiction  on  this,  or  any  one's  title,  or  any  custom  hitherto 
observed,  declare    the    law,   and    effect   that  which    you    have 
determined  upon  to  be  steadily  observed,  under  the  censure  of 
the  Church."     (Pervenit  ad  audientiam  nostram  quod  multi  in 
Diocesi  tua  Decimas  suas  integras,  vel  duas  partes  ipsarum  non 
illis  Ecclesiis  in  quarum  Parochiis  habitant,  vel  ubi  proedia  habent 
et  a  quibus  Ecclesiastica  percipiunt  sacramenta,  persolvunt:  sed 
eas  aliis  pro  sua  distribuunt  voluntate.     Cum  igitur  inconve- 
niens  esse   videatur  et  a  ratione    dissimile,  ut    Ecclesiae    quoe 
spiritualia  seminant,  nietere  non  debeant  a   suis   Parochianis 
temporalia,  et  habere ;  fraternitati  tuse  autoritate  prsesentium 
indulgemus  ut  liceat  tibi  super  hoc  non  obstante  contradictione 
vel  appellatione  cujuslibet,  seu  consuetudine  hactenus  obser- 
vata,  quod  Canonicum  fuerit  ordinare,  et  facere  quod  statueris 
per  censuram  Ecclesiasticam  firmiter  observari^).     This  letter 
being  dated  from  the  Lateran  Palace  was  mistaken — it  is  said 
— by  the  chroniclers,  for  a  decree  of  the  Council  of  Lateran, 
held  in  the  year  1179—80.     Of  it  Sir  Edward  Coke''  says,  "At 
first,  it  bound  not  the   lay  subjects  of  the  realm,  but  being 
reasonable  and  just,  it  was  allowed  of  and  so  became  lex  terrce." 
There  appear   to    have    been   four    Councils    of  Lateran,  held 
between  the  years  A.D.  1119  and  1216,  the  third  of  which  was 
held  under  Pope  Alexander  IIL,  in  1179 — 80,  and  the  fourth 
under  Innocent  III.  in  1215 — 6.     Selden^  seems  to  think  that 
it  was   at  the  former  of  these  two  latter  councils   that   the 
practice  was  forbidden,  or,  if  not,  by  a  constitution  of  the  Pope 
received  in  England  about  the  time  of  the  Council  of  1215 — 6. 
Lord  Selbome*  thinks  the  former  opinion  of  Selden  to  be  the 
correct  one.    Quoting  from  the  Acts  of  the  Council  of  1179 — 80, 
he  shows  how  the  system  was  recognised,  and  adds,  "  Orders 
were  then  made  against  the  continuation  of  these  practices; 
which  may  have  caused  all  the  ecclesiastical  authorities  from 
that  time  forthwith  to  oppose  themselves  to  what  Selden  calls 

J  Inn.  III.  Ep.  Dceret.  lib.  2.  p.  452.  '  p.  295. 

2  2  Jmt.  641.  *  Drf.  Ch.  of  Eng.  p.  135. 


24  INFEUDATION    OF   TITHES. — APrROrRIATION. 

'  arbitrary  consecrations  of  tithes,'  i.  e.  to  appropriations  by 
landowners  at  their  own  will  and  pleasure  of  the  tithes,  arising 
within  their  lordships  and  estates."  It  must  be  added,  that  to 
this  Council  of  Lateran  Blackstone^  attributes  the  prohibition 
of  what  is  known  as  the  "  infeudation  "  of  tithes,  i.  e.  their  being 
granted  to  mere  laymen.  Such  a  practice  was  certainly  very 
common  on  the  Continent,  and  there  is  reason  to  believe  that 
it  existed  to  a  very  limited  extent  in  England^.  Whichever 
view  is  taken,  it  is  certainly  true,  that  landowners  did  make 
perpetual  grants  of  tithes,  both  to  capitular  bodies,  monasteries, 
and  parish  churches,  and  that  this  is  the  origin  of  the  tithe 
endowments  of  the  latter,  so  general  all  over  the  country. 
Further,  though  the  Council  of  Lateran  of  1215 — 6^  is  not 
generally  considered  the  one  to  which  the  old  law  books  refer, 
it  still  has  its  place  in  the  history  of  tithe  law,  for  by  it  the 
former  appropriations  to  persons  out  of  the  parish  were  confirmed, 
and  thus  the  tithes  which  parsons  then  possessed  could  not  be 
appropriated  afterwards  to  any  other  persons  or  institutions. 

In  many  cases  w^here  a  lord  held  land  in  several  parishes,  he 
would  endow  the  church  he  had  built  near  his  own  mansion  with 
the  tithes  of  the  several  parishes.  In  this  way — in  cases  where 
parish  churches  are  not  the  daughter-churches  of  some  mother- 
church — it  happens  that  in  our  own  day  the  tithes  or  a  portion 
of  them  in  one  parish  are  paid  to  the  incumbent  of  another.  In 
making  appropriations  originally,  as  tithes  were  considered 
merely  private  property,  the  consent  of  the  king  and  ordinary 
was  not  necessary,  but  in  the  11th  century  their  consent  became 
so.  The  following  is  a  main  outline  of  the  form  of  a  grant  of 
appropriation  to  a  capitular  body.  The  usual  mode  of  livery  of 
seisin  was  to  place  the  deed  and  a  knife,  or  cup,  on  the  altar  of 
the  church  of  the  monastery,  or  cathedral,  as  the  case  might  be. 
"  Know  that  I,  A.  B.  of  — ,  for  the  soul  of  my  father  and  my 
mother,  and  for  myself,  and  my  wife,  and  my  brother,  give  and 
grant  the  church  of,  and  my  advowson  of  H,  with  the  lands  and 
all  tithes  appertaining  to  it,  to  the  Dean  and  Chapter  of  the 
Church  of  — ,  to  have  and  to  hold  to  their  own  use,  by  the  said 

1  Com.  vol.  III.  p.  83.  ^  Corp.    Jur.    Council,    Lat.    iv.   c. 

2  Seld.  chap.  xiii.  §  r.  xiii. 


APPROPRIATION. — SPECIAL   CUSTOMS.  25 

Dean  and  Chapter,  and  their  successors  for  ever.  May  they  be 
able  to  hold  them  for  themselves  and  their  successors  for  ever, 
and  enjoy  them  Avithout  let  or  hindrance."  (Sciatis  quod  ego 
A.  B.  de  &c.  pro  anima  patris  mei  et  matris  meae  et  pro  me  et 
uxore  mea  et  patris  mei  &c.  do  et  concede  ecclesiam  et  advoca- 
tionem  meam  de  H.  cum  terris  et  decimis  omnibus  ad  earn 
pertinentibus  Decano  et  Capitulo  ecclesioe.  Habend.  et  Tenend. 
&c.  iisdem  Decano  et  Capitulo  et  successoribus  in  perpetuum... 
immediate  in  suos  proprios  usus  Tenere  sibi  et  successoribus 
suis  in  perpetuum  possint  et  valeant  absque  molestatione  efc 
impedimento  &c.').  One  of  our  old  authorities,  though  the 
author  is  unable  at  present  to  cite  it,  states  that  the  word 
appropriation  arose  from  the  fact  that  they  were  made  "in 
proprios  usus."  It  is  perhaps  needless  to  remark  that  the  novm 
is  derived  from  the  adjective  "  appropriate,"  which  is  merely 
formed  from  the  Latin  ad  and  proprius,  one's  own.  In  such 
grants  from  the  use  of  the  Avord  successores  and  not  heredes 
arises  the  rule  that  the  receiving  party  must  be  a  corporation, 
sole  or  aggregate,  as  a  natural  person  could  not  fulfil  the 
perpetual  succession.  In  the  year  1304,  it  was  decided  by  the 
Chancellor",  treasurer,  and  all  the  judges  and  barons  that 
appropriation  of  tithes  is  no  mortmain  "  because  tithes  are 
purely  spiritual  things  of  which  the  jurisdiction  belongs  to  the 
court  Christian  and  not  to  this  court."  (Quia  decimac  sunt 
merge  spirituales  quarum  cognitio  ad  curiam  Christianitatis 
pertinet  et  non  ad  curiam  istam.)  A  license  in  mortmain  is 
therefore  not  necessary,  but  the  consent  of  the  king  in  Chancery 
and  of  the  ordinary  must  first  be  obtained. 

The  special  customs  of  tithing,  which  exist  in  particular 
places,  had  their  origin  in  express  as  opposed  to  general  grants 
from  the  lords  of  the  soil,  fur  the  payment  of  tithes  in  respect 
of  matters  not  generally  titheable.  Thus  we  have  a  Charter  of 
Hugh  Lupus',  Earl  of  Chester,  to  the  Abbey  of  Chester,  in 
which  he  grants  tithes  of  all  the  fish  taken  in  the  Dee.  The 
customs  of  tithing  lead  and  minerals  in  Stanhope,  in  Durham, 
have  a  similar  origin. 

1  Jacob,  I.dic  Diet.  Ofi. 

2  Prior  of  Worcester's  case,  0  Rep,  ^  Sugd.  Monast.  ii.  385— G. 


26  RECTORIES   AND    VICARAGES. 

We  have  observed  how  the  practice  of  arbitrary  conveyance 
of  the  right  to  tithes  was  put  a  stop  to  about  the  beginning  of 
the  13th  century.  As  in  other  attempts  to  stay  the  hand  of 
the  regular  clergy,  a  means  of  evading  this  prohibition  was  soon 
discovered.  Formerly  the  tithes  alone  were  conveyed  to  a 
religious  house ;  now  the  church  and  the  tithes  are  conveyed. 
The  monasteries  in  this  way  became  possessed  of  a  multitude 
of  rectories,  which  number  was  increased  by  the  rule  of  law, 
that  "  the  advowson  of  the  whole  tithes  of  a  parish  was  none 
other  than  the  advowson  of  the  Church."  The  duties  of  such 
"appropriated"  rectories  were  performed  by  substitutes  ap- 
pointed by  the  Abbots,  Abbesses,  &c.,  to  whose  house  the 
rectory  had  been  conveyed.  Such  a  deputy  was  called  a 
Vicarius  or  Vicar  (quasi  vice  fungens  Rectoris).  At  first  he 
was  nothing  more  than  a  curate  in  charge  and  removable  at 
pleasure,  but  in  course  of  time  his  position  became  more  defined 
and  a  legal  right  attached  to  it.  Further,  by  the  15  Richard 
II.,  c.  6\  it  was  enacted,  that  in  making  appropriations  of 
rectories — which  could  only  be  done  by  license  from  the  king 
in  Chancery'^ — provision  shall  be  made  out  of  the  tithes  and 
profits  of  the  benefice  for  the  vicar  and  the  poor  and  that  the 
former  must  be  a  secular,  and  not  a  regular  clergyman.  It  will 
thus  be  seen,  that  vicars  obtained  a  portion  of  the  tithes  of  the 
parish  by  prescription  and  endowment.  By  prescription  the 
tithe  was  apportioned  between  the  rector — in  these  cases  the 
religious  house — and  the  vicar.  The  vicar  got  what  were 
called  the  Small  Tithes,  and  the  rector  the  Great  Tithes. 
This  distinction,  which  is  purely  arbitrary,  seems  to  be  based 
on  the  quantity  and  vahie  of  the  subjects  titheable.  The  cases 
decide  generally  to  what  class  a  subject  belongs,  and  they  do 
not  seem  to  have  been  based  on  any  intelligible  principle. 
The  rule  of  the  common  law  is  that  corn,  grain,  hay  and  wood 
are  great  tithes,  and  that  all  other  "  prasdial  "  tithes  along  with 
mixed  and  personal  are  small.  This  latter  division  is  into 
three  classes,  viz. :  Prsedial,  Mixed  and  Personal.  Preedial 
tithes  are  those  that  arise  immediately  from  the  soil.  Mixed 
are  those  that  arise  mediately  through  the  increase  of 
'  A.D.  1315.  '  8  Rep.  11. 


DIVISIONS   OF   TITHES.— APPROPRIATION   OF   VICARAGES.    27 

animals \  Thus  corn,  grain,  hay,  wood,  fruits,  herbs,  &c.,  are 
of  the  first  class,  quia  ex  fructibus  praediorum  debentur.  Colts, 
calves,  pigs,  wool,  milk,  eggs,  &c.,  are  of  the  second. 

Personal  tithes  are  those  which  arise  wholly  from  the  labour 
and  industry  of  man,  as  from  that  of  millers,  fishermen,  &c. 
English  law  has  been  most  concerned  in  the  division  into 
Great  and  Small  Tithes.  How  arbitrary  it  is  may  be  seen  from 
the  fact,  that  when  the  cultivation  of  what  is  usually  a  Small 
Tithe  is  general  in  a  parish  that  has  been  held  sufficient  to 
turn  it  into  a  Great  Tithe  ^  Further,  the  place  of  sowing  has 
determined  the  class  to  which  a  subject  should  belong,  e.g. 
hops  sown  in  a  garden  were  small,  but  in  a  field  great  tithes. 

As  a  natural  result  of  15  Rich.  II.,  c.  6,  the  monastic  houses 
endeavoured  to  obtain  for  themselves  vicarages,  which  had  been 
endowed  under  the  terms  of  that  statute.  The  practice  did  not 
last  long,  for  by  the  4  Henry  IV.,  c.  12,  all  appropriations  of 
vicarages  were  annulled  and  the  older  statute  confirmed.  The 
secular  parson  had  now  to  be  ordained  vicar ;  but  the  amount 
of  his  endowment  was  to  be  left  to  the  discretion  of  the 
ordinary.  In  consequence  of  this  it  has  happened  that  the 
right  of  the  vicar  to  tithes  is  very  different  in  different  parishes. 
But  in  spite  of  the  above  statutes  the  monks  still  managed  to 
obtain  appropriations  and  became  as  it  were  immortal  incum- 
bents. The  cure  of  souls  rested  with  them,  and  the  minister 
whom  they  employed  was  merely  a  stipendiary.  From  this 
practice  has  sprung  that  kind  of  appropriation  witliout  a 
vicarage  endowed;  and  it  is  also  the  origin  of  the  stipendiary 
curacies  in  which  the  impropriator  is  bound  to  ]-)rovide  divine 
service,  which  may  be  done  by  a  curate  not  instituted  but  only 
licensed  by  the  bishop ^ 

^  Per  Macdonald  C.  B.  in   Sear  v.  ^  Duke    of    Portland    v.   Bingham. 

Trin.  Coll.  Cam.  Gwill.  1415.  1  Hagg.  Cx)ns.  R.  157. 

2  1  Cro.  578. 


28  THE   DISSOLUTION    OF   THE   MONASTERIES. 


CHAPTER  IV. 


Among  the  many  causes  of  the  personal  supremacy  of  the 
Tudors,  not  the  least  is  the  almost  total  annihilation  of  the  old 
baronage  brought  about  by  the  long  and  bloody  wars  of  the 
Houses  of  York  and  Lancaster.  The  nobles  of  the  reign  of  the 
8th  Henry  were  powerless  to  restrain  or  prevent  the  concentra- 
tion of  all  secular  and  ecclesiastical  power  in  the  hands  of  one 
who  had  been  a  mere  Commoner.  It  was  this  concentration  of 
power  in  Wolsey  that  accustomed  England  to  the  supremacy 
which  Henry  achieved  later  through  the  Machiavellian  policy 
of  Thomas  Cromwell.  One  institution  after  another  gave  way 
before  the  iron  hand  of  the  minister,  until  only  the  Church  was 
left  to  offer  resistance  to  the  royal  will.  The  schemes  for 
religious  reform  propounded  by  the  men  of  the  New  Learning 
were,  it  is  true,  fostered  by  popes  and  bishops,  but  to  them  the 
monastic  houses  were  determinedly  obstinate.  The  friars  of 
the  older  times  had  degenerated  into  bands  of  beggars ;  the 
monks  had  become  great  landowners  whose  only  anxiety  was 
to  enlarge  their  revenues  and  to  diminish  the  number  of  those 
who  could  share  them.  Indulgence,  ignorance,  and  waste,  were 
rampant  in  their  abbeys.  They  had,  in  fact,  outlived  the 
work  for  which  they  were  created.  The  destruction  that  was 
coming  upon  them  had  already  years  before  been  foreshadowed 
by  the  suppression,  in  the  reigns  of  Henry  V.  and  Henry  VI., 
of  the  alien  priories  whose  tithes  and  rents  were  usually  sent 
over   to   monastic   houses   on    the    Continent  \      Before    this, 

1  2  Hen.  V.  9  Eot.  Pari.  1,  and  19  Hen.  VI. 


LAY   IMPROPRIATORS.  29 

Edward    I.    had    seized    their    property,   and    his    inimcdiatc 
successors  followed  his  example  in   132-i  and  1337.     Out  of 
the   property  transferred  by  the  above-mentioned  statutes   a 
number  of  Colleges  in  the  Universities  were  founded  and  en- 
dowed.    These  were  sufficient  precedents  for  the  great  acts  of 
Hemy  VIII.,  and  further  and  above  all,  the  independence  of 
the  religious  houses,  both  of  the  king  and  bishops,  was  the  only 
remaining  bar  to  the   fulfilment    of  Cromwell's    policy.     Two 
royal  commissioners  were  dispatched  to  make  a  general  visita- 
tion of  the  religious  houses,  and  when  their  report  was  read  in 
the  House,  the  cry  of  "  Down  with  them  "  broke  uproariously 
from  the  Commons.     Exaggerated  no  doubt  as  this  report  was, 
still  the  total  suppression  of  the  houses  could  not  be  done  at 
once.    A  compromise  was  effected,  and  only  those  whose  incomes 
were  below  £200  a  year  felP.    Three  years  later  the  larger  abbeys 
succumbed,  their  sites,  properties  and  revenues  being  vested 
in  the  king^     From  these  statutes  arise  what  are  known  in 
the  history  of  tithes  as  lay  impropriators.     The  old  rule  of  law 
was  that  "no  layman  is  capable  of  tithes  or  a  portion  of  tithes V' 
but  by  the  above  statutes  the  appropriations  that  belonged  to 
the  monasteries  were  given  "  to  the  king,  his  heirs  and  assigns," 
in  as  ample  a  manner  as  the  abbots  of  the  houses  had  held 
them    formerly.      These    lands    and   appropriated   rectories — 
amounting  to  one-third  of  all  the  parishes  in  England — were 
granted  by  the  king  to  his  subjects  by  letters  patent.     These 
persons  are  now  called  lay  impropriators,  and  tithes  to  a  known 
extent  have  become  temporal   inheritances   in   the   hands   of 
laymen.      By   the   provisions   of  the   dissolving    statutes   the 
king's  patents  were  made    sufficient    in    law,  notwithstanding 
mis-recitals,  and  further  the  lands  which  before  the  Dissolution 
had  been  held  discharged  from  paying  tithes  were  to  continue 
so  discharged,  but  only  as  regards  those  of  the  larger  monasteries, 
for  the  27  Hen.  VIII.  c.  28  docs  not  contain  any  such  provision. 
Hence  for  such  lands  to  be  discharged  the  privilege,  or  custom, 
must  be  determined  in  non  decimando.     If  however  they  had  a 

'  A.n.    l.GSO.     27   lion.   VIII.  c.  27  ^  Bp.  of  Wiucliostor'H  case  2   lirp. 

and  28.  13,  41. 

2  31  lien.  VIII.  c.  13. 


so  VALIDITY    OF   APPROPRIATIONS. 

right  to  a  Modus  Decimandi,  real  composition,  or  prescription 
might  be  pleaded.  To  this  we  shall  refer  more  fully  when  we 
come  to  consider  the  different  methods  of  discharge.  By  a 
statute*  of  the  same  year  the  hospitals, — e.g.  those  of  the 
Knights  of  Jerusalem, — were  dissolved  and  their  properties 
annexed  to  the  crown,  to  be  granted  out  in  the  same  manner  as 
those  of  the  abbeys  and  monasteries.  Again,  other  colleges, 
chapels,  chantries  and  hospitals,  &c.  were  dissolved,  and  their 
possessions  placed  at  the  disposal  of  the  crown  by  37  Hen.  VIII. 
c.  24  and  by  1  Edward  VI.  c.  14,  which  was  the  last  statute  for 
the  suppression  of  religious  houses. 

Various  questions  have  arisen  as  to  the  validity  of  ancient 
appropriations,  but  where  there  has  been  a,  vicarage  and  the 
rectory  remained  appropriate^,  the  courts  would  hold  that  a 
presumption  existed  that  all  requisite  circumstances  were 
observed.  This  was  the  holding  of  the  court  in  the  leading 
case  of  Grymes  v.  Smith^,  tried  in  the  year  1588.  The  abbot 
of  Sulby  had  held  the  parsonage  of  Lubbenham,  in  Leicester- 
shire. Under  a  grant  of  Henry  VIII.  the  plaintiff  claimed. 
The  defendant  had  obtained  a  presentation  of  the  queen,  and  to 
destroy  the  impropriation  shewed  the  original  instrument  of  it 
anno  22  Ed.  4  with  condition  that  a  vicarage  should  be  endowed; 
and  alleged  that  such  vicarage  had  never  been  endowed,  and 
therefore  the  appropriation  was  void.  As  a  matter  of  fact  there 
was  no  instrument  nor  evidence  of  the  endowment  of  the 
vicarage.  But  as  the  rectory  had  always  during  the  time  been 
taken  appropriate,  and  as  a  vicar  had  been  presented  and  in- 
ducted and  had  paid  his  hrst-fruits  and  tenths,  it  was  resolved 
that  it  should  be  presumed  that  the  vicarage  was  lawfully 
endowed  for  that  "  omnia  praesumuntur  solenniter  esse  acta," 
and  it  would  be  a  dangerous  precedent  to  examine  the  originals 
of  impropriations  of  vicarages,  for  that  "the  originals  of  them  in  . 
time  will  perish."  But  where  there  was  no  evidence  of  an 
appropriation,  only  the  fact  of  mere  non-payment,  no  such 
presumption   would   exist \      It  being   held   in   1821   that  an 

1  32  Hen.  VIII.  c.  24.  s  Gwil.,  158, 

2  Woolley    V.    Brownbill,    M'Clel.,  ^  Norbury  y.  Meade,  3  Bligh,  211. 
317. 


PARCELLERS. — PERPETUAL    CURACIES.  31 

appropriation  before  1 5  Rich.  II.  or  4  Henry  IV.  should  be  shown, 
and  that  if  a  discharge  from  tithes  was  terminated  by  the  dis- 
solution of  the  monasteries,  the  right  of  the  rector  revived. 
Even  the  possession  of  a  deserted  rectory,  since  the  time  of 
Henry  YIII.  by  a  layman's  ancestors,  together  witli  the  receipt 
of  tithes  was  not  sufficient  for  an  appropriation  to  the  lay 
patron\  The  right  of  the  crown  under  the  dissolving  statutes 
remained  and  the  tithes  went  to  the  parson  presented  by  the 
crown. 

Lay  impropriators,  as  we  have  seen  under  the  dissolving 
statutes,  must  still  claim  tithes  under  Spiritual  or  Ecclesiastical 
persons,  and  by  them  they  have  the  same  rights  as  if  they  were 
ecclesiastical  persons.  Thus  tithes  have  most  of  the  incidents 
of  temporal  inheritances.  Chief  among  these  is  the  power  of 
alienation  which  gave  rise  to  what  are  known  as  Parcellers  of 
tithes.  Parcellers  are  proprietors  of  certain  portions  or  parcels 
of  the  tithes  which  originally  formed  part  of  a  rectory.  Like 
the  rectories  of  the  religious  houses  they  were  granted  to 
lavmen  by  the  king  or  his  patentees,  and  since  to  others  deriving 
title  through  them''.  In  Andrews  v.  Drever,  where  evidence  was 
given  of  a  grant  from  the  crown  in  1579  and  of  modern  enjoy- 
ment of  tithes,  it  was  ruled  that  the  jury  might  presume  inter- 
mediate conveyances  of  the  rectory  between  1579  and  a  lease  of 
tithes  dated  1686. 

By  the  statute  4  Hen.  IV.  c.  12  we  have  already  observed  it 
was  enacted  that  in  every  appropriated  church  there  should  be 
ordained  a  vicar  convenably  endowed.  Exemptions  from  this 
statute  were  allowed  for  particular  reasons;  as  for  instance  where 
from  the  ancient  documents  it  appeared  that  a  chapel  had 
immemurially  existed  with  rites  of  baptism,  marriage  and 
sepulture,  and  chaplains  to  administer  the  services.  In  these 
cases  no  vicar  would  be  instituted  and  endowed,  but  on  proof  by 
usage  that  the  chaplain  received  all  the  small  tithes  the  endow- 
ment became  a  perpetual  curacy'.  Further  by  29  Car.  II.  c.  8, 
impropriators  are  obliged  to  find  such  curates,  and  some  portions 
of  the  tithes  are  settled  on  them\ 

I  Macgill  r.  lie  Strancre,  Gwil.,  HVi.  ^  Dent  r.  Hoh.  1  Y.  and  Coll.  1. 

'■!  y  Bli^'h  N.  S.  471  ;  2  liinj;.  N.  11.  1.  *  lionscy  r.  Lee,  1  V.  rii.  'i  IT. 


32  THE   NEW   PROPERTY. 


CHAPTER  V. 


After  the  Dissolution  tithes  first  came  into  lay  hands  as  a 
new   species  of  property.     They  were  granted  to  laymen  and 
their  heirs,  or  to  them  and  the  heirs  of  their  bodies,  or  for  a  term 
of  years,  and  so  were  hereditaments  in  which  estates  might  be 
holden  similar  to  others  of  a  separate  incorporeal  nature,  and 
became  tenements  within  the  statute  De   Donis    Conditiona- 
libus  (13  Ed.  I.  c.  1).     Consequently  the  necessity  of  a  new  law 
to  determine  the  character  and  attributes  of  this  new  property 
immediately  arose.      Most   prominent   was  the   question   how 
were  these  estates  to  be  conveyed.     This  was  at  once  settled  by 
an  Act  of  Parliament  passed  in  the  year  following  that  of  the 
dissolution  of  the  greater  monasteries,  which  directed  the  same 
means  for  the  conveyance  of  tithes  as  had  been  used  for  assur- 
ances of  lands,  tenements   and  other   hereditaments  \      Thus 
recoveries  and  fines  of  impropriate  tithes  and  other  lay  ecclesias- 
tical possessions  were  suffered  and  levied  in  the  same  way  as  of 
lands,  but  in  order  to  pass  them  tithes  must  be  expressly  named 
in    such   assurances^     They   are    thus   a  particular  species  of 
property,  collateral  to  the  land,  but  quite  distinct  from  it,  and  a 
specific  description  is  requisite  to  pass  them  in  conveyances. 
Tithes  are  not  therefore  "  appurtenant  to  land,  "  and  a  convey- 
ance of  land  and  its  appurtenances  without  mentioning  tithes 
would  leave  the  latter  in  the  hands  of  the  conveyor.     And  so  it 
followed  that  prior  to  the  Tithe  Commutation  Act  the  owner- 

1  32  Hen.  VIII.  c.  7,  s.  7.  N.  C.  516  ;  a.d.  183G. 

-  Chapman   v.   Gatcombe,  2  Bing., 


DESCENT  OF  IMPROPRIATE  TITHES. — POWERS  OF  ALIENATION.    SH 

ship  of  both  land  and  tithe  would  not  have  the  effect  of  merging 
the  one  into  the  other.  Under  the  General  Inclosure  Act  of 
41  Geo.  III.  c.  109,  s.  6  \  tithes  were  held  to  be  within  the 
meaning  of  the  word  hereditaments,  which  latter  was  said  to  be 
peculiarly  applicable.  By  the  Inclosure  Acts  and  some  local 
ones,  many  of  which  have  been  passed  in  the  last  and  present 
centuries,  provisions  for  allotting  to  owners  lay  and  ecclesiastical 
lands  instead  of  tithes  have  been  made,  and  even  tithes  of  whole 
parishes  have  been  commuted  for  fixed  money  payments.  On 
account  of  their  spiritual  nature  tithes  cannot  lie  in  tenure,  and 
hence  they  do  not  pass  by  copy  of  court  roll,  nor  will  unity  of 
possession  extinguish  them.  For  the  same  reason  impropriate 
tithes  descend  according  to  the  rules  of  common  law;  and  thus 
in  Doe  d.  Lushington  v.  Bishop  of  Llandaff  it  was  held  that 
ancient  customs^  e.g.  gavel-kind  or  borough-English,  did  not 
affect  the  descent  of  tithes,  inasmuch  as  before  the  Dissolution 
no  laymen  were  capable  of  tithes,  and  so  there  could  be  no 
ancient  descent  of  them. 

From  analogy  with  other  forms  of  devisable  property  the 
same  rules  apply  to  tithes ;  for  instance,  a  man  who  is  seised  in 
fee  may  devise  them  as  any  other  hereditaments ^  and  the  Wills 
Act  of  7  Will.  IV.  and  1  Vict.  c.  26  extends  equally  to  them. 

By  the  common  law  churchmen  who  had  been  properly 
inducted  into  their  benefices  and  who  were  seised  in  fee  enjoyed 
as  ample  a  power  of  leasing  as  those  seised  of  temporal  estates, 
provided  the  consent  of  certain  parties  had  been  previously 
obtained*.  With  regard  to  this  latter  a  distinction  existed 
between  ecclesiastical  corporations  aggregate,  where  no  consent 
was  required^  and  sole,  where  that  of  the  patron  and  ordinary 
was  necessary.  This  ability  of  leasing  was  altered  first  by  what 
is  known  as  the  Enabling  Statute  32  Hen.  VIII.  c.  28,  where  it 
was  enacted  that  all  leases  for  years  or  lives  of  any  lands, 
tenements  or  other  hereditaments  by  persons  having  an  estate 
of  inheritance  in  right  of  their  churches  shall  be  binding  on 
their  successors,  provided  certain  requisites  are  observed.     The 

1  Doe    d.    Watson   r.   Jefferson,   9  '  Rich  v.  Sanders,  Styles,  2G1. 

Moore  200.  *  Co.  T^itt.  11. 

-•  2  New  Rep.  491.  "  Toller  24. 

Y.  E.  3 


S4  THE   ENABLING   AND   RESTRAINING   STATUTES. 

Act  did  not  extend  to  parsons  and  vicars,  for  by  s.  4  it  is 
expressly  declared  that  it  should  not  enable  them  to  lease  their 
tithes  or  other  possessions  otherwise  than  they  might  have  done 
before.     Of  the  requisites  to  be  observed  the  most  important 
were,  that  the  lease  must  begin  from  the  making ;  it  must  be 
either  for  21  years  or  three  lives,  and  of  lands  and  tenements 
commonly  letten  for  20  years  past  and  further  the  lease  must  be 
of  corporeal  hereditaments.     By  this  last  requisite  such  leases  of 
tithes  under  this  statute  were  made  impossible,  being  as  they 
were    of  an    incorporeal    nature.     The  provision  however  was 
dispensed  with  in  1765  by  5  Geo.  III.  c.  17.     During  the  reign 
of  Elizabeth  there  were  several  important  statutes  passed,  not 
only  with  reference  to  leases  of  tithes  \  but  also  with  reference 
to  compositions,  to  which  latter  we  shall  refer  later.     The  first 
statute,  generally  known  as  the  Disabling  or  Restraining  Statute, 
1  Eliz.  c.  19,  prevented  archbishops  and  bishops  from  making 
any  leases  or  alienations  of  the  possessions  of  their  churches 
other  than  for  the  term  of  21  years,  or  three  lives,  from  such 
time  as  the  lease,  grant,  or  assurance  shall  begin,  and  without 
reserving  the  old  or  accustomed  annual  rent.     But  by  a  saving 
clause  this  statute  did  not  extend  to  any  grants  made  by  bishops 
to  the  crown.     By  this  clause  the  practice  of  exchanging  im- 
propriated tithes  for  an  equal  value   of  episcopal   lands   was 
extensively  carried  out.      Under  Henry  VIII.  those  courtiers 
who  had  received  inferior  monastic  lands   had   been   able   to 
induce    him    to   make   exchanges  with   the  existing  episcopal 
estates.      Elizabeth  by  this  provision  in  the  first  Restraining 
Statute  was  authorized  to  take  into  her  hands,  on  the  voidance 
of  any  bishopric,  so  much  of  the  lands  belonging  to  it  as  should 
be  equal  in  value  to  confiscated  rectorial  tithes  belonging  to 
the  crown  in  that  diocese,  and  to  exchange  such  lands  for  the 
tithes.     In  this  way  large  revenues  from  tithes  came  into  the 
possession    of   bishops    and    cathedral    chapters,    whilst    their 
original  estates  were  distributed  among  the  queen's  favourites. 
This  practice  was  effectually  put  a  stop  to  by  the  1  Jac.  I.  c.  3, 
which   extended  the  original  prohibition  of  1   Eliz.  c.  19  to 
grants  and  leases  made  to  the  crown,  as  well  as  to  any  of  its 

1  5  Geo.  in.  c.  17. 


LEASING   POWERS.  35 

subjects.  The  second  of  the  Restraining  Statutes,  viz.  the 
13  Eliz.  c.  10',  makes  void  all  leases,  conveyances,  &c.  made  by 
masters  and  fellows  of  colleges,  deans  and  chapters,  parsons  and 
\dcars,  of  tithes,  other  than  for  the  term  of  21  years  or  three 
lives,  and  whereon  the  accustomed  rent  must  be  reserved.  This 
statute  was  explained  and  enforced  by  14  Eliz.  cc.  11 — 14 ; 
18  Eliz.  c.  11,  and  43  Eliz.  c.  29,  the  provisions  of  which  how- 
ever refer  more  to  corporeal  property.  They  make  all  leases  by 
the  persons  mentioned  in  13  Eliz.  c.  10  of  their  property,  whereof 
any  former  lease  is  in  being  and  not  to  be  expired  or  surrendered 
Mdthin  three  years,  void.  Further,  all  bonds  or  covenants  tending 
to  frustrate  the  provisions  of  the  first  two  Restraining  Statutes 
are  likewise  void.  It  was  held  in  the  year  1605^  that  leases  void 
under  them  were  so  only  as  against  successors,  but  remained 
binding  during  the  life  of  the  grantor.  Again,  a  lease  of  tithes 
only  for  three  lives  rendering  the  ancient  rent  was  held  void, 
inasmuch  as  there  was  no  remedy  for  the  rent  by  distress  or 
assize.  "For  tithes  lie  in  prender."  This  rule  of  law  was 
ultimately  altered  by  a  statute  passed  early  in  George  III.'s 
reign'.  Under  it  such  leases  for  one,  two,  or  three  lives  were 
made  effectual  against  the  lessors  and  their  successors,  and  an 
action  of  debt  against  the  lessee  was  given  in  case  the  reserved 
rent  became  in  arrear.  It  must  be  observed  that  as  parsons 
and  vicars  had  not  their  leasing  powers  by  the  Enabling 
Statute  neither  were  they  restrained  till  the  .statutes  of  Eliza- 
beth, but  from  henceforth*  they  were  restrained  from  making 
any  leases  or  grants  other  than  for  21  years,  or  three  lives  with 
the  proper  qualifications,  yet,  such  leases  must  be  confirmed  by 
the  patron  and  ordinary  because  excepted  in  the  Enabling  Act, 
and  because  by  the  common  law  they  never  could  bind  their 
successors  mthout  such  confirmation.  Nor  do  they  relate  to 
rectories  and  tithes  which  have  come  into  the  hands  of  laymen. 
The  impropriator  in  fee  might  lease  his  Avhole  rectory  or  a  part 
of  it — as  the  tithes  of  a  particular  farm — without  restraint.  At 
common  law  no  action  for  debt  would  lie  against  a  tenant  for 

1  S.  3.  o  Geo.  III.  c.  17. 

2  Finch'B  case,  2  Leon  138.  *  Wood's  hint.  271. 
-  Talentine  v.  Denton,  Cro.  Jac.  Ill; 

3—2 


36  CHANGES   ON  BENEFICES. 

life  or  years  for  any  arrears  of  rent,  but  by  a  statute  of  Anne*  an 
action  for  debt  was  given  to  any  person  having  rent  in  arrear  in 
the  same  manner  as  if  such  rent  were  reserved  upon  a  lease  for 
years.  It  having  been  held  that  tithes  are  incorporeal  heredi- 
taments and  lying  in  grant  it  folloAvs  that  a  lease  of  them  must 
be  by  deed ;  and  further  by  the  Statute  of  Frauds^  all  greater 
interests  in  lands  and  hereditaments  than  for  a  term  of  three 
years  must  be  created  in  writing. 

Other  provisions  of  the  Restraining  Statutes  show  still 
further  the  great  zeal  of  Elizabeth  for  the  thorough  reformation 
of  abuses  in  the  Church.  It  had  become  common  for  patrons 
to  present  to  their  livings  incumbents  who  would  be  glad  to  get 
hold  of  them  on  any  terms.  Grants  of  rent-charges  and  demises 
of  glebe,  &c.  were  made  by  such  incumbents  to  secure  annuities 
for  the  patrons  who  had  presented  them.  By  13  Eliz.  c.  20, 
ecclesiastical  persons  who  had  the  cure  of  souls  were  restrained 
from  charging  their  benefices  so  as  to  render  them  liable  to  the 
payment  of  pension  or  profit  out  of  them,  even  in  their  own 
time.  Instruments  framed  as  leases  but  really  amounting  to  a 
charge  have  been  held  void  under  this  statute ^  and  so  too  not 
only  a  direct  charge  but  an  agreement  to  charge  a  living  falls 
under  the  same  consideration.  ^By  the  43  Geo.  III.  c.  84,  s.  10, 
the  13  Eliz.  c.  20  was  wholly  repealed,  and  so  the  clergy  were 
under  no  restraint  as  to  charging  their  benefices  by  mortgage 
or  warrant  of  attorney.  This  Act  was  however  repealed  in  its 
turn  14  years- later  by  57  Geo.  III.  c.  99,  and  the  old  Act  of 
Elizabeth  came  again  into  operation,  or  at  least  that  part  of  it 
relating  to  the  charging  of  livings.  Between  the  times  of  the 
two  Acts^  of  Geo.  III.  grants  of  tithes  to  a  trustee  for  securing 
annuities  were  held  to  pass  the  legal  estate  ;  and  even  when  a 
vicar  covenanted  in  case  of  an  exchange  of  livings  to  transfer 
the  charge  to  the  new  one^  but  did  not  execute  the  deed  till 

1  8  Anne,  c.  14,  s.  4.  Geo.  III.  c.  99  (10th  July,  1817)  are 

-  29  Car.  II.  c.  3.  valid,  but  all  made  previously  to  7  July, 

s  Shaw   V.  Pritchard  10  B.  and  C.  1803,  and  after  10  July,  1817,  are  void. 

241 ;  Newland  r.Walkin,  9  Bing.  113  ;  ^  Doe  d.  Coates  v.  Somerville,  6  B. 

Alchin  V.  Hopkins,  1  Bing.  N.  S.  99.  and  C.  126. 

*    Charges  on  benefices  between  43  ^  Metcalfe  ik  Archbishop  of  York, 

Geo.  III.  c.  84  (7th  July,  1803)  and  57  6  Sim.  224. 


PENALTIES   AGAINST   NON-RESIDENCE.  37 

after  the  revival  of  13  Eliz.  c.  20,  the  court  held  that  the 
covenant  was  a  subsisting  charge  on  the  new  living.  A  similar 
statute  to  13  Eliz.  c.  20^  was  passed  in  the  reign  of  Charles  I., 
which  extended  its  provisions  to  Ireland. 

This  statute  of  Elizabeth  is  important,  not  only  as  it  put  a 
stop  to  the  charging  of  benefices  but  also  as  it  was  the  means  of 
compelling  incumbents  to  reside  in  their  parishes.  The  absence 
of  the  clergy  had  been  a  scandal  in  the  time  of  Henry  VIII., 
who  had  himself  endeavoured  to  put  a  stop  to  the  practice. 
There  are  three  Acts  of  Parliament  which  were  passed  during 
this  period  with  the  same  object : 
(^)   21  Henry  VIII.  c.  13. 

(B)  13  Elizabeth,  c.  20. 

(C)  18  Elizabeth,  c.  11,  s.  7. 

By  (A)  non-residence  was  punished  by  a  fine  of  £10  for 
each  offence,  half  to  go  to  the  king  and  half  to  the  informer. 

By  (B)  a  year's  profit  of  the  living  was  confiscated  by  the 
bishop,  who  was  to  distribute  it  amongst  the  poor  of  the 
parish. 

By  (C)  further  means  of  enforcing  the  same  penalty  were 
provided.  The  bishop  was  to  sequester  the  living,  and  if  he 
did  not  do  so  each  individual  parishioner  might  withhold  his 
tithes.  The  period  which  constituted  non-residence  was  eighty 
days  in  one  year. 

The  powers  of  alienation  possessed  by  incumbents  remained 
much  the  same  from  the  time  of  the  Restraining  Statutes  to 
the  reign  of  William  IV.  There  were,  it  is  true,  a  number  of 
enactments  dealing  with  the  subject  during  this  interval,  but 
these  were  more  or  less  partial  relaxations,  enabling  ecclesiastics 
and  other  corporations  to  make  for  certain  purposes  certain 
dispositions  of  their  property.  But  during  the  reign  of  William 
IV.,  so  fertile  a  period  for  the  remodelling  and  expansion  of 
English  law,  more  general  legislation  commenced.  By  6  and  7 
William  IV.  c.  20,  restrictions  are  made  against  the  renewal  of 
leases,  and  certain  intervals  made  to  elapse  after  the  expiration 
of  the  old  ones.  However,  by  the  4th  section  of  the  Act 
ecclesiastical  persons  may  grant  certain  leases  conformable  to 

1  10  and  11  Car.  I.  c.  2.  s.  7. 


38  LEASING   POWERS   AT   THE   PRESENT   TIME. 

the  usual  practice,  and  the  practice  must  be  shown  by  the 
certificate  of  the  archbishop  of  the  province  and  the  bishop  of 
the  diocese.  Following  this  statute  come  5  and  6  Victoria,  cc. 
27  and  108,  which  enable  incumbents  to  demise  their  lands  and 
corporations  to  grant  building  leases.  The  14  and  15  Vic. 
c.  104,  which  is  an  Act  for  the  better  management  of  ecclesias- 
tical and  capitular  estates,  and  does  not  include  colleges,  rectors 
or  vicars,  provides  for  the  sale  to  their  lessees  of  the  reversion 
of  their  estates,  provided  the  approval  of  the  Ecclesiastical 
Commissioners  is  first  obtained.  Further  provisions  for  leasing 
were  contained  in  the  Ecclesiastical  Leasing  Act,  1 858  \  and  the 
set  of  enactments  was  finally  brought  to  a  close  by  24  and  25 
Vict.  c.  105  (amended  by  25  and  26  Vict.  c.  52),  which  declares 
it  unlawful — even  where  customs  exist — for  any  prebendary 
(not  of  a  cathedral  or  collegiate  church),  rector,  vicar,  or 
perpetual  curate  who,  after  the  passing  of  the  Act,  is  possessed 
or  entitled  to  any  manors,  lands,  tenements,  or  hereditaments 
to  lease  or  grant  out  the  same  by  copy  of  court  roll  in  any 
other  way  than  is  authorized  by  the  provisions  of  the  afore- 
mentioned statutes^. 

1  21  and  22  Vict.  c.  57.  U  and    15   Vict.  c.  104  ;   21  and  22 

2  5   and   6  Vict.   cc.   27   and   108 ;       Vict.  c.  57,  and  23  and  24  Vict.  c.  124. 


LATER   HISTORY.  39 


CHAPTER    VI. 


The  general  substantive  law  of  Tithe  rcinaiued  uiul4i  the 
same    during   the   two   centuries  and  a   quarter   that  elapsed 
after  the  reign  of  queen  Elizabeth.     In  the  prolific  period  of 
legislation  embraced  in  the  fourth  decade  of  the  present  century, 
this  law  was  placed  upon  an  entirely  different  footing  to  what 
it  had  been  in  the  preceding  ages.     "  ^The  institution  of  Tithes 
though  venerable  from  its  Scriptural  origin  and  its  antiquity, 
and    though    entitled,    as    far   as    the   principle    of    making   a 
competent  provision  for  the  ministers  of  religion  is  concerned, 
to  universal  approbation,  is  nevertheless    in   its   specific    form 
odious  to  the  people,  and  unsatisfactory  to  the  political  econo- 
mist ^     A  tax,  consisting  of  a  fixed   proportion  of  the   gross 
produce,  is  open  to  this  objection ;   that  it  takes  advantage  of 
increased  fertility;  while  it  makes  no  allowance  for  increased 
expenditure ;  and  thus  tends  to  check  the  spirit  of  agricultural 
improvement.     It  is  obvious,  too,  that  the  produce  of  the  soil 
cannot  be  collected  in  kind  without  much  waste  and  expense  to 
the  tithe-owner ;  nor  without  danger  of  engendering  animosities 
between  him  and  his  flock.     It  is,  however,  on  the  other  hand 
of  not  less  manifest  importance  to  the  Church  that  the  legal 
provision  for  its  members  should  be  such  as  to  secure  to  them 
upon  some  steady  basis  a  competent  portion  of  the  necessaries 
of  life,  and  to  make  them  independent  of  any  fluctuations  in 
the  value  of  money.     It  is  therefore  with  great  wisdom  that 

1  Blackstonc,  Vol.  iii.  p.  90.  Smith's  Wailtli  of  Nations,  iii.  p.  274. 

»  Paley's  Moral  Phil.  Vol.  ii.  p.  40G; 


40  THE   TITHE   COMMUTATION   ACT. 

Parliament  has  lately  consented  to  the  adoption  of  a  plan  for 
commuting  the  tithes  of  every  parish  into  a  rent-charge,  the 
amount  of  which  is  to  be  adjusted  annually  according  to  the 
average  price  of  corn."  We  may  add  that  the  agricultural 
depression  during  the  four  years  previous  to  1836,  and  the 
growing  discontent  of  the  agricultural  tithe-payer,  greatly  added 
to  the  manifest  necessity  for  some  radical  change  in  the  then 
existing  law.  Several  statesmen  attempted  the  task  of  solving 
this  problem,  notably  Lord  Althorpe  in  1833  and  1834,  and 
Sir  Robert  Peel  in  1835,  the  principle  of  whose  Bill  was  that 
there  should  be  a  fixed  money  payment  in  the  shape  of  a  corn 
rent,  in  lieu  of  tithes,  varying  yearly  according  to  the  price  of 
the  corns,  wheat,  barley,  and  oats,  and  that  it  should  be  a 
voluntary  arrangement  between  the  tithe-owner  and  the  tithe- 
payer.  Three  commissioners  were  to  be  appointed  to  carry  out 
the  Act.  Within  a  month  after  the  introduction  of  this  Bill, 
the  Government  went  out  of  office,  but  the  subject  was  imme- 
diately taken  up  by  its  successor.  Lord  John  Russell,  who  intro- 
duced the  new  Bill,  adopted  the  main  principles  of  Sir  Robert 
Peel's  plan'.  A  board  of  commissioners  was  established  under 
the  title  of  "  The  Tithe  Commissioners  for  England  and  Wales ^" 
which  board  had  entire  conduct  of  the  Act.  The  commissioners, 
or  assistant-commissioners  whom  they  might  appoint,  had  the 
power  of  examining  witnesses  and  calling  for  documents,  a 
refusal  to  give  evidence  being  made  a  misdemeanour.  The 
commutation  was  to  be  effected  in  one  of  two  ways^ : 

(A)  either  by  a  voluntary  agreement  entered  into  by  a 
certain  proportion  of  the  parties  interested  and  confirmed 
by  the  commissioners*, 

(B)  or  by  the  compulsory  award  of  the  commissioners. 

As  regards  the  former  the  agreement  of  two-thirds  of  the 
landowners  and  tithe-owners,  and  as  to  what  sum  should  be 
paid  as  a  commutation  of  the  small  and  great  tithes  of  the 
parish^,  was  made  to  bind  the  whole  of  the  parish.  By  2  and  3 
Vict.  c.  62,  s.  8,  such  an  agreement  might  be  rectified  on  the 

1  6  and  7  Will.  IV.  c.  71.  *  Ss.  17  aud  '27. 

2  S.  2.  5  s.  37. 

3  S.  93. 


MODES   OF   COMMUTATION. — APPOINTMENT.  41 

ground  of  fraud ;  and  in  1842  it  was  decided  by  the  Master  of 
the  Rolls  of  the  time  being  that  though  under  s.  66  the  award 
of  the  commissioners  was  final,  a  claim  to  a  portion  of  the  rent- 
charge,  the  right  to  which  qua  tithes  had  been  by  accident 
forgotten  until  after  the  agreement  was  made*,  might  be 
established  in  the  court.  Valuers  of  the  tithes  of  a  parish  were 
to  be  appointed,  who  had  power  to  enter  on  the  lands  in  order 
to  effect  the  valuation". 

As  regards  the  second  way,  if  no  agreement  were  come  to 
after  Oct.  1st,  1838,  the  commissioners  were  to. take  as  the 
basis  of  their  commutation  (but  with  power  in  certain  cases  to 
depart  from  it  to  a  certain  extent),  the  clear  average  value 
of  the  tithes  of  the  parish^ — or  of  the  composition  payable  in 
lieu  of  them,  wherever  they  had  been  compounded — for  the 
period  of  seven  years  ending  Christmas  183o.  After  the  value 
of  the  tithes  has  been  so  voluntarily  agreed  on*  or  awarded  by 
the  commissioners,  and  disputes  as  to  modus^  &c.  settled,  the 
commissioners  were  to  prepare  a  draft,  stating  the  sum  ascer- 
tained, and  this  amount  was  to  be  the  total  rent-charge*^  payable 
in  respect  of  the  tithes  of  that  parish,  and  afterwards  was  to  be 
apportioned  among  the  lands  of  the  parish',  having  regard  to 
their  average  titheable  produce  and  productive  quality.  The 
lands  are  afterwards  absolutely  discharged  from  the  payment  of 
all  tithes,  and  instead  subject  to  their  portion  of  the  rent- 
charge®,  which  is  payable  to  the  former  tithe-owner  in  two  half- 
yearly  payments.  The  amount  of  these  payments  is  to  fluctuate 
according  to  the  price  of  corn,  which  is  determined  as  follows : 

Immediately  after  the  passing  of  the  Act,  and  also  in 
January  every  year^  an  advertisement  shall  be  inserted,  by  the 
Controller  of  corn  returns,  in  the  Londuii  Gazette,  stating  the 
average  price  of  wheat,  barley,  and  oats  for  the  seven  years 
ending  on  Thursday  before  Christmas-day  then  next  preceding. 
By  5  and  6  Vict.  c.  14,  weekly  returns  of  the  purchases  and 

J  Clarke  v.  Yonge,   Rolls,  22  July  '  S.  46. 

1842,  M.  S.  «  S.  50. 

■^  S.  34.  '  Ss.  33,  54. 

8  S.  37.  8  S.  67. 

*  S.  50.  »  S.  56. 


42      DEDUCTION  OF  RENT-CHARGE  FROM  THE  RENT. — DISTRAINT. 

sales  of  British  corn  are  to  be  made  in  the  different  cities  and 
towns  mentioned  there. 

Every  rent-charge  is  to  be  deemed  of  equal  value  of  so 
many  bushels  of  the  three  corns  in  equal  quantities  as  would 
have  been  competent  to  be  purchased  according  to  the  prices 
inserted  in  the  aforesaid  advertisement. 

By  section  80  of  the  Act  any  tenant  paying  the  rent-charge 
"  shall  he  entitled  to  deduct  the  amount  thereof  from  the  rent 
payable  by  him  to  the  landlord,  and  shall  be  allowed  the  same 
in  account  with  his  landlord."  It  was  evidently  the  intention 
of  the  Legislature  that  payment  of  the  rent-charge  should  be 
made  by  the  landlord,  but  in  consequence  of  the  wording  of  the 
clause  this  seldom  takes  place.  The  general  practice  is  that 
the  farmer  in  his  lease  or  agreement  agrees  to  pay  the  tithes 
himself  to  the  tithe-owner,  and  the  rent  is  computed  accordingly. 
It  therefore  follows  that  the  tenant  pays  the  tithes  for  the 
landlord.  If  he  should  take  the  farm  without  making  any 
such  agreement  the  80th  section  would  come  into  force.  Legis- 
lation was  recently  attempted  to  enforce  the  spirit  of  the 
Commutation  Act,  but  the  Bill  fell  in  the  slaughter  of  the 
innocents  at  the  end  of  last  session  \ 

The  power  of  Distraint  to  recover  arrears  of  rent-charge 
given  to  the  tithe-owner  by  the  81st  section  of  the  Act*^ 
introduces  the  anomaly  that  though  the  charge  itself  comes  out 
of  the  landlord's  pocket,  yet  the  tithe-owner  cannot  bring  an 
action  against  him  for  arrears.  He  has  to  go  on  the  land  itself, 
and  in  this  way  the  tenant  has  virtually  two  landlords.  This 
power  was  granted  to  the  tithe-owner  in  consideration  of  the 
fact  that  landlords  being  often  absent  it  would  be  very  difficult 


1  A  Bill  has  been  introduced  into  the 
House  of  Lords  this  session  (1888)  by 
Lord  Salisbury,  but  it  is  to  be  in  effect 
only  prospective  and  not  retrospective. 
The  second  section  after  reciting  section 
80  of  the  Commutation  Act  declares 
it  expedient  to  make  that  enactment 
compulsory  as  regards  all  future  con- 
tracts. It  is  to  have  full  effect  not- 
withstanding any  contract  to  the  con- 


trary, and  any  such  contract  made 
after  the  passing  shall  as  far  as  it  is 
contrary  be  void.  Nothing  in  the  Act 
is  to  affect  the  rights  and  liabilities  of 
the  owner  and  occupier  of  lands  as 
between  themselves  under  any  existing 
contract.  What  the  fate  of  the  Bill 
will  be  remains  yet  to  be  seen. 
2  6  and  7  Will.  IV.  c.  71. 


RATES  AND   TAXES. — POOR   RATE.— LAND   TAX.  43 

in  many  cases  to  obtain  the  rent-charge  Irom  them.  It  will  be 
observed  that  now  the  tithe  has  become  a  direct  charge  upon 
the  land  itself.  The  old  definition  is  done  away  with,  and  tithe 
is  no  longer  a  part  of  the  increase  or  produce  of  the  land.  The 
rent-charges  are  subject  to  all  the  rates  and  taxes  to  which  the 
tithes  before  commutation  had  been  subject \  The  occupier  in 
case  he  pays  them  may  deduct  the  amount  from  the  rent  due 
next  to  the  landlord,  and  the  latter  may  recover  that  amount 
from  the  tithe-owner.  But  by  a  later  Act^  the  rates  may  be 
assessed  upon  the  owner  of  the  rent-charge,  and  the  whole  or 
any  part  may  be  recovered  from  any  one  or  more  of  the 
occupiers  of  the  land  in  case  they  have  not  been  sooner  paid  by 
the  tithe-owner.  To  what  rates  and  taxes  were  tithes  formerly 
liable  ?  They  were  certainly  rateable  to  the  poor  as  early  as 
the  first  real  Poor-law  statute  of  1601  ^  where  we  read  "to 
raise  weekly  or  otherwise  by  taxation  of  every  inhabitant, 
parson,  vicar,  and  other,  and  of  every  occupier  of  lands,  houses, 
tithes  impropriate,  propriations  of  tithes,  coal-mines,  or  sale- 
able underwoods  in  the  said  parish  ....  to  be  gathered  out 
of  the  same  parish,  according  to  the  ability  of  the  same 
parish." 

In  the  year  1798  the  land-tax  was  made  perpetual,  but  pro- 
visions for  its  redemption  by  the  payment  of  a  lump  sum  were 
contained  in  the  Act\  Tithes  were  here  expressly  enumerated 
amongst  the  i^eal  estates  upon  which  the  tax  was  directed  to  be 
charged.  It  will  be  remembered  that  this  form  of  direct  taxa- 
tion was  reintroduced  shortly  after  the  Revolution  in  1690,  in 
the  shape  of  an  annual  grant  of  about  Ss.  in  the  pound.  A 
large  portion  of  the  land-tax  of  1798  remains  unredeemed  and 
is  annually  paid  to  this  day.  Hence  we  find  tithes,  or  rather 
the  rent-charge  in  some  parishes,  still  liable,  where  in  the 
adjoining  parish  the  tax  has  been  redeemed. 

The  General  Highway  Act  passed  in  the  year  1773  enume- 
rates the  "occupier  of  tithes"  as  one  upon  whom  the  assessment 
is  to  be  made^     The  more  modern  Highway  Acts  have  however 

1  Ss.  69,  70.  *  38  Geo.  III.  c.  5. 

2  7  Will.  IV.  and  1  Vict.  c.  69,  s.  58.  "  l:i  (icu.  III.  c.  73,  s.  45 ;  5  and  6 

3  43  Eliz.  c.  2.  Will.  IV.  c.  50. 


44  CHURCH   RATES. — MERGER. 

adopted  the  plan  of  levying  the  rates  on  all  property  liable  for 
the  relief  of  the  poor. 

By  immemorial  custom  the  chancel  of  a  church  is  repaired 
by  the  rector  or  impropriator \;  but  it  does  not  seem  that  an 
impropriate  rectory,  having  been  made  a  lay  fee  by  the 
statutes  of  Henry  VIII.,  can  be  sequestered  by  the  ordinary  for 
the  repair  of  the  chancel.  The  parishioners  were  liable  for  the 
repair  of  the  body  of  the  church,  and  for  this  purpose  church- 
rates  used  to  be  levied.  Rectorial  property  was  always  ex- 
empted from  paying  them,  and  vicars  were  not  charged  for  their 
tithes  or  glebe  in  a  parish,  because  out  of  them  they  were 
bound  to  repair  the  chancel.  Tithes,  however,  have  been  held 
liable  for  a  church-rate  under  the  general  words  of  an  Act  of 
Parliament. 

The  Commutation  Act  further  enacts  that  the  incumbent — 
and  note  this  does  not  apply  to  lay  owners — may  receive  20 
acres  in  lieu  of  his  rent-charge,  the  lands  of  the  parish  being 
then  exempted.  An  agreement  for  such  exchange  requires  the 
consent  of  the  patron  and  the  confirmation  of  the  commis- 
sioners ^ 

We  have  already  observed  that  under  the  old  law  tithes 
existed  separate  and  distinct  from  the  land,  and  that  ownership 
of  both  in  the  same  person  would  not  have  the  effect  of  merging 
the  one  into  the  other.  By  the  Commutation  Acts^  provision 
is  made  for  the  merger  of  the  tithes  or  rent-charge  in  the  land, 
by  which  the  tithes  or  rent-charge  may  at  once  be  made  to 
cease  whenever  both  land  and  tithes  or  rent-charge  belong  to 
the  same  person.  In  the  year  1838*  the  class  of  persons  who 
had  the  power  to  merge  their  tithes,  and  which  had  been 
restricted  to  tenants  in  fee  simple  and  in  tail,  was  extended  to 
those  who  had  powers  of  appointment  over  the  fee  simple;  and 
in  cases  where  tithes  and  the  lands  charged  with  them  are 
settled  to  the  same  uses,  the  tenant  for  life  may  cause  them  to 
merge  in  the  land^     By  section  4  of  the  same  Act  it  was 

1  2  Inst.  489.  and  2  Vict.  c.  64 ;  2  and  3  Vict.  c.  62, 

2  6  and  7  Will.  IV.  c.  71,  ss.  29,  62,       s.  1 ;  9  and  10  Vict.  c.  73,  s.  19. 
68  ;  2  and  3  Vict.  c.  62,  ss.  19,  20,  21 ;  M  and  2  Vict.  c.  64,  s.  1. 
and  5  and  6  Vict.  c.  54,  ss.  6,  7.  ^  S.  3. 

»  6  and  7  Will.  IV.  c.  71,  s.  71 ;  1 


THE   RRDEMPTIOX    ACTS.  45 

enacted  that  tithes  could  be  merged  in  lands  of  copyhold  tenure, 
doubts  having  been  felt  as  to  whether  the  Act  of  1S3G  applied 
to  the  latter.  In  actual  practice  this  merger  of  tithes  was 
found  to  be  hindered  in  a  number  of  cases  by  the  existence  of 
incumbrances  on  the  tithes  proposed  to  be  merged.  This 
difficulty  was  removed  by  the  second  Tithe  Amendment  Act' 
which  made  any  legal  charge  on  the  tithes  the  first  charge  on 
the  lands  in  which  the  tithes  were  merged",  and  the  same 
remedies  were  given  against  the  lands  as  existed  previously  to 
the  merger. 

Finally,  we  may  remark  that  the  Commutation  Acts  provide 
for  the  preservation  in  the  substituted  rent-charge  of  any 
interest  which  existed  previously  in  the  tithe,  and  that  every 
estate  in  the  rent-charge  shall  be  liable  to  the  same  incidents 
as  a  like  estate  in  the  commuted  tithe.  Lands  previously 
exempted  from  the  payment  of  tithes  for  any  reason  arc  still  to 
remain  exempted  from  the  rent-charge.  The  Tithe  Acts  were 
regarded  by  their  promoters  as  a  final  settlement  of  the  mani- 
fest evils  of  the  old  system.  The  fifty  years  or  so  that  have 
passed  since  their  introduction  show  but  slight  prospect  of  the 
fulfilment  of  these  wishes.  A  number  of  Amendment  Acts 
have  been  passed,  chiefly  dealing  with  the  alteration  of  the 
apportionments  and  for  the  redemption  of  the  rent-charges 
alter  apportionment.  9  and  10  Vict.  c.  73,  s.  .■)  provides  for  the 
redemption  of  such  charges  where  they  do  not  amount  to  more 
than  205.  by  the  payment  of  consideration  money,  not  less  than 
24  times  the  amount  of  the  rent-charge,  which  is  to  be  paid  to 
the  Governors  of  Queen  Anne's  Boimty.  And  in  1878  a  further 
Amendment  Act  was  passed  providing  for  the  redemption  of 
the  rent-charge  at  25  years'  purchase  in  cases  where  land  is 
taken  for  the  building  of  places  of  worship,  cemeteries,  erection 
of  elementary  schools,  or  public  buildings  generally,  including 
improvements  under  the  Artisans'  Dwelling  Act,  1875,  or  under 
the  Sanitary  Acts.  Orders  for  the  redemption  must,  however, 
have  been  made  by  the  Tithe  Commissioners  to  whom  the 
money  is  to  be  paid.  By  s.  4,  where  the  rent-charge  exceeds 
20.S.  the  commissioners  may,  upon  the  joint  a|)plication  of  laud- 
1  2  ami  3  Vict.  c.  62,  b.  G.  ^  ibid.  s.  1. 


46  THE   TITHE   WAR. 

owners  and  tenants,  order  its  redemption  at  25  years'  purchase, 
provided  the  consent  of  the  bishop  and  patron  has  been  ob- 
tained, in  ease  the  person  is  entitled  thereto  by  right  of  any 
benefice.  The  same  means  of  redemption  are  provided  where 
the  land  is  cut  up  for  building  purposes \  These  numerous 
attempts  of  settling  the  tithe  difficulty  by  processes  of  redemp- 
tion, &c.,  have  not  met  with  much  success,  and  the  problem  has 
still  to  be  solved  by  our  statesmen.  Active  agitations  are 
already  spreading  over  the  country  for  a  change  in  the  law,  and 
more  particularly  in  Wales,  where  the  common  cry  is  now  that 
the  tithes  are  the  property  of  the  nation  and  should  be  applied 
to  national  purposes.  The  Commutation  Acts  themselves  con- 
tain the  seeds  of  their  own  disparagement,  not  the  least  of 
which  we  shall  see  when  we  come  to  discuss  what  is  known  as 
the  Extraordinary  Tithe. 

1  S.  5. 


TITHEABLE   SUBJECTS.  47 


CHAPTER   VII. 


Before  proceeding  to  discuss  the  history  of  the  machinery 
by  means  of  which  the  payment  of  tithes  was  enforced,  it  may 
be  well  to  sketch  briefly  the  gradual  extension  of  the  tithing 
system  to  all  subjects  until  we  come  to  the  definition  of  tithe  as 
"the  tenth  part  of  the  increase  yearly  arising  and  renewing 
from  the  profits  of  lands,  the  stock  upon  lands  and  the  personal 
industry  of  the  inhabitants."  This  is  Blackstone's  definition*; 
but  in  the  older  law  books  are  these  additional  words,  "and 
payable  for  the  maintenance  of  the  parish  priest  by  every  one 
who  has  things  titheable  if  he  cannot  show  a  special  exemption  V 

As  early  as  the  end  of  the  9th  century  it  was  established 
that  corn,  grain,  hay  and  cattle  are  subjects  upon  which  tithes 
of  their  increase  must  be  paid.  At  a  council  of  bishops  held  by 
Athelstan,  king  of  all  England,  about  the  year  925 ^  the  king's 
reeves  are  directed  to  pay  tithes  of  "  yearly  increase "  and 
"  living  cattle."  In  the  laws  attributed  to  Ethelred,  but  which 
appear  to  have  been  compiled  in  the  Norman  period,  we  have, 
"  Tithings  of  crops  and  of  calves  and  of  lambs  "  (Decimationes 
Frugum  et  Vitulorum  et  Agnorum),  but  the  first  list  of  any 
importance  or  length  is  in  the  collection  of  the  laws,  rights,  and 
customs  of  his  new  subjects  made  by  William  I.,  and  generally 
known  as  the  laws  of  Edward  the  Confessor.  Wo  give  the  list 
ill  full,  as  it  shows  how  in  course  of  time,  and  especially  during 
this  period,  the  tithing  system  was  enormously  extended.    "  The 

'  Vol.  III.  p.  80.  •'  Selden,  214. 

2  Wood's  Imtit.  IGl. 


48  EARLY  LISTS   OF   TITHKABLE   SUBJECTS. 

tenth  trave  of  all  the  yearly  produce  is  due  to  God  and  there- 
fore ought  to  be  paid.  And  if  any  one  had  a  herd  of  mares  let 
him  render  the  tenth  foal.  He  who  has  had  one  mare  or  two 
for  each  single  foal  let  him  give  a  penny.  Likewise  he  who 
had  several  cows,  the  tenth  calf  He  who  has  one  or  two  for 
each  single  calf  a  single  half-penny.  And  he  who  has  made 
cheese  let  him  give  to  God  the  tenth.  But  if  he  has  not  made 
cheese  let  him  give  the  milk  on  the  tenth  day.  Likewise  the 
tenth  lamb,  the  tenth  fleece,  the  tenth  cheese,  the  tenth  churn- 
ing and  the  tenth  porker,  and  from  bees  also  the  tithe  as  con- 
venient\"  (De  omni  annona,  Decima  garba  Deo  debita  est  et 
ideo  reddenda.  Et  si  quis  gregem  equarum  habuerit,  pullum 
reddat  Decimum.  Qui  unam  vel  duas  habuerit  de  singulis 
pullis  singulos  denarios.  Similiter  qui  vaccas  plures  habuerit, 
Decimum  vitulum.  Qui  unam  vel  duas,  de  vitulis  singulis 
obolos  singulos.  Et  qui  caseum  fecerit,  det  Deo  Decimum.  Si 
vero  non  fecerit  lac  decima  die.  Similiter  agnum  Decimum, 
vellus  Decimum,  caseum  Decimum,  butyrum  Decimum,  por- 
cellum  Decimum.  De  apibus  vero  similiter  Decima  commodi.) 
The  Councils  held  during  the  times  of  the  early  Plantagenets — 
some  of  which  we  have  already  noticed — appear  to  have  taken 
this  list  as  the  foundation  of  their  demands.  Li  1175,  after  the 
receipt  of  the  epistles  from  Pope  Alexander  IIL,  a  Provincial 
Synod  was  held,  at  which  trees  and  wool  were  added.  The 
number  of  such  synods,  held  in  the  succeeding  years,  shows 
that,  though  the  object  of  the  Church  was  to  make  every 
substance  liable  for  tithes,  its  consummation  was  very  difficult. 
The  next  important  canon,  and  in  fact  the  most  important  of 
them  all,  was  that  passed  in  the  year  1295.  The  synod  was 
held  in  London,  and  presided  over  by  Archbishop  Winchelsey. 
We  see  in  it  the  first  real  distinction  between  praedial  and 
personal  tithes,  though  it  had  existed  in  the  reign  of  Richard  I. 
The  object  of  the  canon  was  to  settle  one  uniform  custom  in 
tithing  and  to  prevent  the  scandal  that  arose  from  quarrels 
between  parsons  and  their  parishioners.  It  orders'''  that  tithes 
were  to  be  paid  on  the  gross  value  of  all  crops  from  the  ground, 
from  trees,  herbs  and  hay;   on  the  produce  of  animals,  lambs 

1  Selden,  225.  =  Selden,  pp.  233—6. 


PERSONAL   TITHES.  49 

and  wool.  Expenses  Avere  not  to  be  deducted.  For  six  lambs 
or  under  six  halfpennies  were  to  be  paid,  but  if  there  were  more 
than  seven,  the  seventh  lamb  was  to  be  given  to  the  rector,  "  who 
shall  pay  three  half-pence  by  way  of  recompcnce  to  that 
parishioner  from  whom  he  has  received  that  tenth  "  (qui  tres 
obolos  in  recompensationem  solvat  parrochiano  a  (juo  decimum 
ilium  recepit).  And  so  on  for  the  eighth  lamb  ten  halfpennies. 
Again,  if  sheep  were  fed  in  one  place  in  winter  and  in  another 
in  summer,  the  tithe  was  to  be  divided,  so  if  they  were  bought 
or  sold  in  the  middle  of  the  time,  and  it  was  known  from  which 
parish  they  came,  thb  tithe  was  to  be  divided :  if  it  were  not 
known,  the  Church  should  have  the  tithe  in  which  parish  the 
shearing  took  place.  Tithing  of  milk  and  cheese  was  regulated 
and  so  was  that  of  agistment  or  pasturage.  Mills,  bees,  fisheries, 
&c.,  were  also  included.  As  regards  personal  tithes  we  may 
quote  the  canon  as  being  one  of  the  first  in  which  they  are 
strictly  ordered  to  be  paid  as  such.  "  We  decree  also  that  per- 
sonal tithes  be  paid  by  artificers  and  merchants  for  instance 
from  the  profit  of  any  business.  Likewise  by  carpenters,  smiths, 
plasterers,  weavers  and  by  all  other  workmen  working  for  wages, 
to  wit,  to  give  a  tenth  of  their  wages,  unless  the  workmen 
themselves  prefer  to  give  something  definite  towards  the  work 
and  light  of  the  church  if  it  be  satisfactory  to  the  rector  of  that 
church  "  (Statuimus  etiam  quod  decimae  personales  solvantur 
de  artificibus  et  mercatoribus  scilicet  de  lucro  negociationis. 
Similiter  de  carpentariis,  fabris,  cementariis,  textoribus,  et 
omnibus  aliis  operariis  stipondariis  ut  videlicet  dent  decimas 
de  stipendiis  suis  nisi  stipendarii  ipsi  aliquid  certum  velint 
dare  ad  opus  vol  ad  lumen  Ecclesiae  si  rcctori  ipsius  Eccle- 
siae  placuerit).  Personal  tithes  were  thus  to  be  paid  only 
of  the  profits,  that  is,  after  all  necessary  expenses  had  been 
deducted.  In  these  Councils  to  which  wc  have  referred  it  must 
be  remembered  that  laymen  had  no  place,  conseciuently  in  these 
Middle  Ages,  as  the  power  of  the  Church  increased,  so  did  the 
list  of  titheable  matters.  Laymen  paid  because  they  were 
coerced  into  paying  by  the  anathemas  of  the  Church,  but  as 
was  natural,  sooner  or  later,  the  latter  was  sure  to  over-ride  the 
mark.  This  occurred  when  in  1344  a  canon  was  passed  at  a 
Y.  E.  4 


50  TITHES   OF   WOOD. — SILVA    CAEDUA. 

Synod  held  under  Archbishop  Stratford  at  which  was  decided 
what  wood  was  titheable  as  silva  caedua.  It  had  not  been 
disputed  that  tithes  of  silva  caedua  were  payable,  but  the 
question  was,  what  wood  came  under  that  description.  This 
Council  defines  silva  caedua  as  wood  of  every  description  which, 
after  the  tree  has  been  cut,  grows  from  the  root^  (quae  etinam 
succisae  rursus  ex  stirpibus  aut  radicibus  renascitur).  This 
rule  which  practically  made  all  wood  titheable — except  timber 
trees  growing  from  seed  and  perhaps  fir-trees,  for  the  clergy  do 
not  appear  to  have  ever  claimed  tithes  of  those, — was  hotly 
opposed  by  the  commons.  In  the  Parliament  that  was  being 
then  held  they  petitioned  against  the  rule  on  the  ground  that 
such  tithe  was  not  due  by  custom.  An  evasive  answer  was  given 
to  this  petition  and  also  to  a  similar  one  presented  in  the  follow- 
ing year.  From  another,  presented  three  years  later  in  21  Ed.  III., 
it  seems  the  claim  of  the  clergy  had  been  reduced  to  iinder  wood. 
The  matter  however  remained  in  dispute  till  1372,  when  the 
Commons  succeeded  in  limiting  the  power  of  the  Canon.  By 
the  Statute  known  as  Silva  Caedua^  it  was  enacted  that  tithe 
should  not  be  exacted  of  great  trees,  i.e.  those  of  20  or.more  years' 
growth,  and  that  should  a  suit  be  brought  in  any  spiritual  court  a 
prohibition  should  be  granted.  No  claim — it  must  be  remem- 
bered— was  ever  made  for  tithes  of  timber  growing  from  seed,  so 
that  the  construction  of  the  Statute  is  that  no  tithes  should  be 
payable  for  timber  trees  growing  from  the  stools  or  roots  of  cut 
trees  which  were  more  than  20  years  old.  There  seems  to  have 
been  much  dispute  in  later  times  as  to  whether  timber-trees  grow- 
ing from  old  stools,  whatever  their  age,  were  exempted  by  the 
Statute  or  not^;  but  in  Lozon  v.  Pryse,  Lord  Cottenham  in  1840, 
after  examining  all  the  authorities,  came  to  the  conclusion  that 
trees  of  the  growth  of  20  years  or  upwards  sprung  from  the  roots 
or  stools  of  old  trees  formerly  cut  down  are  within  4i3  Ed.  III.  c. 
3,  and  therefore  not  titheable.  In  a  case  decided  in  1825,  viz., 
Evans  v.  Rowe,  the  Chief  Baron  and  two  barons  had  no  doubt 
that  this  was  the  true  construction  had  the  question  been 
unfettered  by  decision,  but  that  a  current  of  decisions  in  favour 

1  Selden,  237.  ■'  Evans  v.  Eowe,  M'Clel.  and  Y.  577. 

"'  45  Ed.  III.  c.  3. 


RULING   IN    LOZON   V.    PRYSE. — AGISTMENT.  51 

of  the  contrary  made  it  their  dut}-  to  follow  suit.  The}^  relied 
chiefly  on  Bibyc  v.  Huxley  decided  in  1725',  and  Chichester  v. 
Sheldon  decided  in  1823^  two  years  previously.  The  Lord 
Chancellor  in  Lozon  v.  Pryse  having  carefully  reviewed  the 
above  cases  said',  "  I  am  now  called  upon  to  consider  whether  I 
am  bound  to  follow  the  same  course.  I  say  bound  because  with 
the  opinion  I  have  formed  of  the  original  right  under  the 
Statute  and  the  subsequent  exposition  of  the  law  and  the 
practice  under  it  for  above  four  centuries,  nothing  but  feeling 
bound  by  the  principles  and  rules  upon  which  Courts  of  Justice 
have  thought  it  right  to  act  upon  similar  questions  of  discretion, 
could  induce  me  to  aid  in  perpetuating  what  I  believe  to  be  an 
error  productive  of  the  greatest  injury  and  injustice  *  *  *  *  I 
am  therefore  satisfied  that  I  am  at  liberty  to  act  upon  the 
opinion  of  the  law  which,  after  a  laborious  examination  of  all 
the  authorities,  I  have  formed,  and  that  the  decisions  are  not 
such  as  to  make  it  my  duty  to  hold  against  the  positive  enact- 
ments of  45  Ed.  III.  that  any  gros  bois  or  timber  trees  above 
20  years'  growth  are  liable  to  tithe."  As  regards  other  kinds  of 
wood,  e.g.  pollards,  apple-trees,  wood  in  hedge-rows,  hop-poles, 
&c.,  the  cases  have  decided  whether  and  in  what  way  they  are 
titheable. 

By  the  41st  section  of  the  Commutation  Acf*  where  any  lands 
of  a  parish  are  coppices  the  Commissioners  on  notice  by  the 
land-owner  or  tithe-owner  shall  estimate  the  value  of  the  tithes, 
having  regard  to  the  average  value  of  the  coppice-wood  of  the 
same  kind  cut  during  the  7  years  preceding  Christmas  1835  in 
that  parish  and  the  neighbouring  parishes.  The  value  so  found 
was  to  be  added  to  that  of  the  other  tithes  of  the  parish 
ascertained  in  the  manner  explained  before. 

Agistment  is  a  subject  about  which  there  is  much  un- 
certainty and  doubt  in  the  early  cases.  In  the  old  books''  it  is 
defined  as  the  pasturing  of  other  men's  cattle  at  a  rate  of  so 
much  a  week,  and  is  called  so  because  they  are  suffered  (/iser 
(jacere  to  lie  down).     In  its  legal  sense  Agisting  means  the  de- 

'  Gwil.  G.57.  ■•  G  and  7  Will.  IV.  o.  71.  s.  41. 

■^  .3  E.  and  Y.  1245.  »  2  List.  C43. 

"  M.  and  Cr.  COO. 

4—2 


52  AGISTMENT. — THE   EXTRAORDINARY   TITHE. 

pasturing  of  the  occupier  of  the  laud  as  well  as  that  of  a 
stranger.  Tithes  are  due  for  the  agistment  on  lands  that  have 
paid  no  tithes  that  year.  If  the  pasture  is  used  by  unprofitable 
cattle,  i.e.  such  as  are  not  profitable  to  the  parson  through  their 
milk,  labour,  &c.  a  tenth  part  of  the  value  of  the  land  was  due, 
or  at  a  rate  of  2s.  in  the  £.  This  is  not  a  yearly  charge,  but 
only  at  that  rate  during  the  actual  time  of  agistment. 

A  great  number  of  cases  have  been  decided  on  the  subject 
of  agistment  tithe,  e.g.  whether  it  is  due  for  sheep  agisted  in 
the  parish  after  shearing  time  and  sold  in  the  winter,  although 
tithe  of  the  wool  has  already  been  paid. 

Agistment  tithe  was  long  neglected,  and  not  till  the  begin- 
ning of  the  present  century  generally  demanded  in  the  North 
of  England.  It  was  not  till  the  early  part  of  last  century  that 
the  Courts  held  that  agistment  tithe  was  a  small  tithe,  and  so 
a  grant  to  lay  impropriators  of  tithes,  not  only  of  grain  and  hay, 
but  also  of  herbage,  did  not  prevent  a  vicar  making  out  his 
title  to  agistment  tithe  in  the  year  1816  by  showing  that  he 
alone  had  taken  the  other  small  tithes,  although  the  former  had 
not  till  lately  been  received  or  demanded  by  him  or  his 
predecessors. 

Hops  appear  to  have  been  introduced  into  this  country 
about  the  time  of  the  later  Angevin  kings.  They  certainly 
are  mentioned  in  a  statute  of  Henry  VIII.  and  they  do  not  seem 
to  have  been  cultivated  to  any  extent  before  the  reign  of 
Elizabeth.  It  was  formerly  a  matter  of  much  controversy  as  to 
how  hops  were  to  be  tithed,  whether  by  the  hill,  the  pole,  or 
the  bushel.  Lord  Chief  Justice  Rolle  tells  us  they  ought  not 
to  be  tithed  before  dried,  but  now  it  is  decided  that  their  tithes 
are  to  be  set  out  by  every  10th  bushel  after  the  picking  and 
before  they  are  dried. 

The  40th  and  41st  sections  of  the  Commutation  Act  make 
special  provisions  for  the  substitution  of  the  rent-charge,  and 
for  the  charge  of  culture  of  hop  grounds  and  market  gardens. 
The  42nd  section  establishes  an  extraordinary  rent-charge 
calculated  on  each  acre,  in  addition  to  the  ordinai^y  rent-charge 
on  hop  grounds,  orchards,  and  market  gardens  brought  into  new 
cultivation.     The  history  of  this  unfortunate  section  is  some- 


THE    EXTRAORDINAKY   TITHE. — MARKET   GARDENS.  53 

what  as  follows.  After  the  introduction  of  the  bill  and  before 
its  second  reading,  "a  deputation  of  Middlesex  market  gardeners 
waited  upon  Lord  John  Russell,  and  pointed  out  that  they  had 
expended  a  large  amount  of  capital  on  the  improvement  of 
their  market  gardens  for  the  last  seven  years,  and  that  if  they 
had  to  pay  a  rent-charge  on  the  average  of  those  years  they 
would  be  liable  to  a  heavy  annual  amount,  whilst  owners  or 
occupiers  of  neighbouring  land  having  only  a  small  tithe 
composition  to  pay  would  transform  their  lands  into  gardens 
and  thus  come  into  competition  with  them,  which  .would  finally 
result  in  their  ruin\"  This  argument  had  the  desired  effect, 
and  in  consequence  the  very  principle  upon  which  the  Act  was 
passed  was  violated,  and  incessant  disputes  have  been  the 
result.  It  was  provided  that  the  amount  to  be  charged  on  hop 
grounds  and  market  gardens  was  to  be  divided  into  an  orcUnar']/ 
and  extraordinary  charge  per  acre ;  grounds  ceasing  to  be  so 
cultivated  were  to  be  liable  only  to  the  ordinary  charge,  and 
newly  cultivated  grounds  to  become  liable  to  the  extra-ordinary 
charge,  but  this  additional  charge  was  not  to  be  due  on  the 
first  year  of  cultivation,  and  only  half  of  it  on  the  second.  In 
1839^  an  Act  was  passed  which  extended  the  extraordinary 
tithe  system  to  orchards  and  fruit  plantations,  but  it  should 
only  apply  to  parishes  where  such  charge  was  distinguished  at 
the  time  of  commutation^  On  grounds  ceasing  to  be  cultivated 
for  hops,  market  gardens,  and  orchards  the  extraordinary  charge 
was  to  cease.  In  mixed  plantations  of  hops  and  fruit  trees  two 
extraordinary  charges  were  not  to  be  paid,  but  the  higher  of  the 
two  for  the  time  being  was  to  be  paid*.  In  the  year  1873 
market  gardens  were  put  upon  the  same  footing  as  orchards 
under  2  and  3  Vict.  c.  62,  s.  27.  The  vicar  of  a  Cornish  parish 
had  endeavoured  to  enforce  payment  of  an  extraordinary  charge 
of  Is.  6d  per  acre  on  213  acres  brought  into  new  cultivation. 
This  gave  rise  to  an  outburst  of  indignation  which  resulted  in 
the  passing  of  the  Market  Gardens  Act  (30  and  37  Vict.  e.  42) 
as  explained  above.  Ever  since  the  passing  of  the  first  Com- 
mutation Act  this  extraordinary  rent-charge  has  been  a  fruitful 

1  Clarke,  IIU.  of  Tithes,  p.  125.  »  S.  27. 

2  2  an  J  -A  Vict.  c.  02,  s.  20.  •»  S.  29. 


54  KECENT    LEGISLATION. 

source  of  discontent.     It    is    bad    in  principle   and  should  be 
abolished.     An  attempt  was  made  last  year  (1886)  to  deal  with 
the  subject  when  the  Extraordinary  Tithe  Kedemption  Act  was 
passed \     It  does  not  appear  to  have  had  the  successful  results 
which  were  hoped  for  from  it.     It  enacts  that  no  extraordinary 
charge  shall  be  charged  or  levied  after  the  passing  of  the  Act 
on  any  hop  ground,  orchard,  fruit  plantation,  or  market  garden, 
newly  cultivated  as  such  under  the  Tithe  Commutation  Acts. 
Power  is  given  to  the  Land  Commissioners  to  fix  the  capital 
value  of  the  extra  charge  payable  on  each  farm  or  parcel  of 
land  at  the  date  of  the  passing  of  the  Act.     The  3rd  section 
indicates   the    manner   in  which    the   capital    value   is   to   be 
ascertained.     The  land  is  then  to  be  charged  with  the  payment 
of  an  annual  rent-charge  equal  to  4  per  cent,  on  the  capitalised 
value  of  the  extraordinary  charge.     This  rent-charge  is  made 
payable  half-yearly  and  on  the  days  on  which  the  former  one 
was.     Arrears  are  recoverable  in  the  High  Courts  of  Justice,  or 
County  Courts,  or  in  the  same  way  as  the  ordinary  rent-charge 
is  recoverable.     The  new  charge  is  not  subject  to  any  parochial, 
county,  or  other  rate,  and  it  may  be  redeemed  by  the  owner  or 
other  person   interested    in   any   land   subject    to    it.      Such 
redemption  money  must  be  paid  to  the  Governors  of  Queen 
Anne's  Bounty  to  be  applied  for  the  benefit  of  the  incumbent 
if  the  owner  be  the  incumbent  of  a  benefice.     Should  a  tenant 
have  contracted  before  the  passing  of  the  Act  to  pay  the  extra- 
ordinary rent-charge  to  the  tithe  owner  he  shall  do  so  no  longer, 
but   shall  pay  to  the  landlord  during  his  tenancy  the  rent- 
charge  substituted  for  the  extraordinary  charge.     The  landlord 
is  thus  made  liable  to  the  owner  notwithstanding  any  previous 
agreement.     The  Ecclesiastical  Commissioners  are  empowered 
to  adjust  the  fixed  charges  made  before  the  passing  of  the  Act 
on  the  income  of  benefices  in  receipt  of  extraordinary  tithes  in 
favour  of  other  benefices,  or  of  district  churches  or  chapelries 
within  the  parishes  of  which  the  incumbents  are  in  receipt  of 
extraordinary  tithes.     Mr   Clarke,   in   his  History  of  Tithes\ 
states  that  there  are  rumours  that  the  above  Act  is  so  unsatis- 
factory that  it  will  have  to  be  repealed.     Of  the  other  titheable 
1  49  and  50  Vict.  c.  54.  "  p.  129. 


TITHES    OF   MILLS   AND    FISHERIES.  00 

subjects  which  with  the  above  were  liable  to  praedial  tithe, 
either  by  custom  or  at  Common  Law,  it  is  needless  to  com- 
ment. Numberless  cases  fill  the  text  books  which  arc  only 
interesting  as  showing  the  gradual  extension  of  the  tithing 
system  till  we  arrive  at  the  definition  of  tithe  with  which  this 
chapter  opened,  viz.  the  tenth  part  of  the  increase  yearly 
arising  from  the  profits  of  lands,  or  of  the  stocks  upon  lands. 
These  subjects  roughly  include  hemp,  flax,  and  madder ;  milk, 
eggs,  wool,  and  the  young  of  animals ;  fowls  &c.,  and  newly 
introduced  products  of  agriculture,  as  turnips  and  potatoes. 
The  original  annexation  of  many  of  the  former  of  these 
subjects  to  the  list  of  titheable  matters  we  have  already  shown 
in  the  Canons  of  the  different  Councils  held  during  the 
Angevin  rule. 

We  have  already  noted  that  in  the  copy  of  the  Laws  of 
Edward  the  Confessor  tithes  are  said  to  be  payable  of  mills 
and  fish.  Later  in  the  reign  of  Henry  II.  a  Pontifical 
Decree  was  sent  by  Pope  Alexander  III.  (circ.  1170)  to 
all  the  bishops  commanding  them  "  to  compel  all  men  under 
penalty  of  excommunication  that  from  the  produce  of  mills 
and  fisheries  they  honestly  pay  the  tithes  to  whom  they 
were  due  "  (Sub  excommunicationis  districtione  compellerc  ut 
de  proventibus  molcndinorum  piscariarum  *  *  *  *  decimas 
quibus  debentur  cum  integritatc  persolvant).  This  decree 
which  is  now  a  part  of  the  Canon  Law  or  its  substance  does 
not  appear  to  have  been  actually  incorporated  in  the  canons 
of  the  great  Council  held  in  the  year  1175,  and  by  which 
several  of  the  Pontifical  Decrees  as  to  titheable  matters  were 
declared  binding.  Still  the  practice  of  tithing  mills  and  fish 
seems  to  have  been  more  or  less  established  by  the  time  of 
Henry  III,  and  these  are  expressly  mentioned  in  the  canon 
attributed  to  a  council  of  Archbish(jp  Winchelsey,  to  which  we 
have  already  referred.  This  undecided  state  of  the  law  remained 
till  the  reign  of  Edward  II.,  wlien  in  VM')  corn-mills  more 
ancient  than  that  year  were  by  the  Statute  called  Articuli 
Clcri'  impliedly  discharged  from  tithes.  The  enactment  runs: 
"  Likewise  if  any  one  has  erected  a  mill  on  his  estate,  and  after 

'  !J  Ed.  II.  c.  5. 


56  ANCIENT    MILLS. 

the  tithe  of  it  is  exacted  by  the  Rector,  the  Royal  Prohibition 
is  shown  in  this  form  : — '  Whereas  tithes  of  such  mill  have  not 
been  hitherto  paid,  We  Prohibit '...the  answer  is  'In  such  a 
case  the  Royal  Prohibition  has  never  issued  by  the  wish  of  the 
Prince  Avho  decides  that  such  a  Prohibition  never  shall ' " 
(Item  si  aliquis  in  fundo  suo  molendinum  erexit  de  novo  et 
postea  a  rectore  loci  exigatur  decima  eodem,  exhibetur  regia 
prohibitio  sub  hac  forma  : — '  Quare  de  tali  molendino  hactenus 
decimae  non  fuerunt  solutae  prohibemus  &c.,  et  sententiam 
excommunicationis,  si  quam  hac  occasione  promulgaveritis, 
revocetis  omnino.'  The  answer  is  '  In  tali  casu  nunquam  exivit 
regia  prohibitio  de  principis  voluntate  qui  et  decernit  talem 
perpetuo  non  exire ').  The  construction  of  this  statute  stated 
above  was  laid  down  in  the  case  of  Ansell  v.  Adman  ^  in  the 
year  1701,  and  also  it  was  held  in  1723,  if  it  can  be  proved  that 
the  mill  was  erected  before  the  memory  of  man,  or  that  the 
date  is  unknown,  and  that  it  never  paid  tithe,  the  Court  will 
presume  it  to  be  within  the  statute  ^  It  must  be  remembered 
that  other  mills,  as  paper,  fulling  or  lead  mills,  are  exempt  from 
tithes  unless  there  be  a  custom  to  pay  them,  or  they  have  been 
paid  within  forty  years  before  the  passing  of  the  2  and  3 
Edward  VI.  c.  13.  It  had  always  been  held  by  the  canonists 
that  the  tenth  toll-dish  of  the  corn  ground  at  the  mill  should 
be  paid  as  a  praedial  tithe,  and  there  was  great  difference  of 
opinion  amongst  the  authorities  as  to  whether  tithe  of  mills 
was  praedial,  personal,  or  mixed.  Lord  Coke,  although  he 
gives  his  opinion  that  it  is  a  personal  tithe,  says  that  in  his 
time  the  question  had  not  been  judicially  determined  I  How- 
ever, in  1706,  upon  an  appeal  from  a  decree  of  the  Court  of 
Exchequer*  by  which  the  appellants  were  ordered  to  account 
for  the  value  of  the  tenth  toll-dish,  it  was  determined  by  the 
House  of  Lords  that  tithes  of  corn-mills  were  personal  tithes 
only,  and  payable  by  the  teath  part  of  the  clear  profits  after  all 
incidental  expenses  had  been  deducted.  The  decree  was  there- 
fore reversed.  It  was  also  decided  in  this  case  that  newly 
erected  corn-mills,  for  which  no  tithes  had  been  paid  within 

1  Gwill.  982.  3  2  Inst.  621. 

2  Hughes  I'.  Billinghurst,  Gwill.  644,  •»  Newte  v.  Chamberlain,  Gwill.  596. 


TITHES   OF   MILLS,    FISH    AND   MINERALS.  57 

forty  years,  Avere  not  within  the  forty  years'  limitation  prescribed 
by  2  and  3  Edward  VI.  c.  13.  :Mr  Eagle  in  summing  up  the 
law  on  the  subject  says^  "The  result  of  the  cases  seems  to  be 
that  such  tithes  are  personal  as  regards  the  thing  paid  in  two 
ways,  viz.  a  tenth  part  of  the  clear  profits,  and  as  to  the  time  of 
payment,  viz.  Easter  under  the  2  and  3  Edward  VI.  c.  13,  but 
also  praedial  and  local,  first  as  regards  the  person  to  whom  they 
are  paid,  viz.  the  parson  of  the  parish  in  which  they  are 
situated,  and  secondly  as  not  being  within  the  forty  years' 
limitation  of  2  and  3  Edward  VI.  c.  13." 

We  have  seen  how  the  older  church  canons  enforced 
the  payment  of  tithes  of  fisheries.  When  taken  out  of  the 
sea  or  common  rivers  on  the  principle  of  their  being  ferae 
naturae,  fish  are  not  titheable  except  there  be  a  special  custom 
to  the  contrary  as  in  Wales,  where  a  considerable  number 
exist.  By  the  statute  just  referred  to',  which  was  passed 
in  1549,  tithe  of  fishing  was  made  payable  only  in  those 
parishes  or  places  where  it  has  been  accustomed  to  be  paid 
within  the  period  of  forty  years,  and  this  seems  to  apply 
to  parishes  situated  on  the  sea  coasts  as  well  as  to  inland 
places. 

Tithes  of  mills  and  fish  are  the  last  survivors  of  what  were 
known  as  personal  tithes.  How  and  when  general  payment  of 
the  latter  kind  of  tithe  became  obsolete  will  be  related  ni 
another  chapter.  The  Commutation  Act'  does  not  extend  to 
tithes  of  fish  unless  by  special  provision  to  be  inserted  in  some 
parochial  agreement,  and  specially  approved  by  the  Com- 
missioners. But  by  the  Second  Commutation  Acf  this  is 
altered,  and  tithes  of  fish  and  fishing  may  be  commuted  by  a 
parochial  agreement  any  time  before  the  confirmation  of  any 
apportionment  after  a  compulsory  award. 

Houses  and  mines  and  wild  animals,  except  by  custom,  pay 
no  tithes'.  The  rule  of  law  was  well  established  in  o\ir  Courts, 
by  the  beginning  of  the  l7th  century  that  what  was  not  of  the 
increase  but  of  the  substance  of  the  earth  was  not  liable.     In 

=  2  aud  -A  Ed.  VI.  c.  13.  ■'  Oiecnc  c  Hull,  in  41  Eliz.,  aud 

'  ()  aud  7  Will.  IV.  c.  71,  s.  90.  Stoutpil'H  caac  1  E.  aud  Y.  '>m. 


58  THINGS  NOT  TITHEABLE  EXCEPT  BY  CUSTOM. — LAMMAS  LANDS. 

the  dark  ages  the  Church  being  then  all  powerful  did  exact 
tithes  of  stones,  quarries,  &c.,  for  we  find  that  in  the  year  1404 
the  Commons  presented  the  following  bill  against  the  practice. 
"  Moreover  the  Commons  pray  that  as  many  of  the  liege 
subjects  of  our  Lord  the  King  are  often  plagued  and  troubled 
by  Parsons  and  Vicars  of  Holy  Church  by  citations  and  censures 
of  Holy  Church  for  tithes  of  stones  and  slates,  worked  and 
brought  from  quarries,  and  as  no  tithe  of  such  stone  or  slate 
had  ever  been  demanded  or  paid  that  it  may  please  the  King 
to  grant  that  if  any  Prohibition  be  made  on  the  case  no 
consultation  shall  be  granted  to  the  contrary "  (Item  priont 
les  Commons  que  comme  plusors  lieges  nostre  Seignior  le  Roy 
sont  souvent  faites  vexiz  et  travaillez  per  Persons  e  Vicaires  de 
Seinte  Eglise  per  citations  et  censures  de  Seinte  Eglise  pur 
Dismes  de  perres  et  sclattes  oueres  et  trahez  hors  de  quares  de 
sicomne  nul  Disme  de  nul  tiel  pierre  ne  sclatte  unques  ne  feust 
demande  ne  nulle  Disme  ent  paie,  que  pleise  a  grantor  que  si 
ascun  prohibition  soit  fait  en  le  cas  que  nul  consultation  soit 
grant  a  contrarie).  Whatever  was  the  immediate  result  of 
this  we  do  not  know,  but  the  opinions  of  later  Judges  went  to 
form  the  Common  Law  rule  stated  above.  The  Commutation 
Act^  did  not  extend  to  mineral  tithes,  but  provisions  for  their 
commutation  were  made  similar  to  those  explained  with  regard 

to  fishl 

There  are  large  tracts  of  lands  in  different  parts  of  the 
country  held  in  severalty  only  during  a  certain  period  of  the 
year,  usually  from  February  to  August — Candlemas  to  Lammas — 
from  which  time  such  lands  are  thrown  open  until  the  return 
of  Candlemas  to  such  persons  as  have  rights  of  common  on 
them.  These  lands,  called  Lammas  Lands,  together  with 
commons  in  gross,  had  to  a  great  extent  been  liable  to  tithes 
of  produce  during  the  occupation  of  the  occupiers,  and  at  other 
times  to  agistment  tithes  for  cattle  feeding.  The  Commutation 
Act  was  found  inoperative  against  these,  but  by  the  Second 
Amendment  Act^  provision  is  made  for  fixing  a  rent-charge  on 
such  lands   and  commons  payable   during  the   separate   occu- 

1  6  and  7  Will.  IV.  c.  71,  s.  90.  ^  2  and  3  Vict.  c.  62,  s.  13. 

■^  2  and  3  Vict.  c.  62,  s.  9. 


COMMONS   AND   EXTRAPAROCHIAL   PLACES.  59 

patiou,  the  amount  of  which  is  to  be  ascertained  with  reference 
to  the  average  value  of  the  tithes.  The  Act,  however,  does  not 
extend  to  such  lands  where  no  tithes  or  payments  instead  of 
them  have  been  taken  during  the  seven  years  ending  Christmas 
1835. 

In  early  times,  as  we  have  already  explained,  the  tithes 

paid  by  the  laity  formed  with  other  offerings  a  common  fund 

distributed   at   his  will  by  the  bishop.     When  the  parochial 

system    was   fully   established,   tithes    of    places    which   were 

extra-parochial  were  claimed  and  obtained  by  the  bishop  of  the 

dioceses  in  which  the  places  were  situated.     Their  claim  itself 

was  never  established  at  law  although  it  is  laid  down  as  of 

right    in   the   Canon   Law.     Basing  his    opinion    on    this    law, 

Sir  William  Herle,  a  judge  of  the  reign  of  Edward  III.,  declared 

"  A  man  cannot  grant  his  tithes  which  are  out  of  the  parish  to 

whom  he  likes,  for  the  bishop  of  the  place  shall  have  them  " 

(Ore  ne  poet  home  ses  dismes  que  sont  hors  de  parish;  grant  a 

que  il  voudra,  car  levesque  del  lieu  les  avera).    "  This  opinion," 

says  Lord  Coke*,  "is  against  the  law  of  the  land,  and  never  had 

allowance  in  it,  for  it  is  that  the  king  shall  have  them."     In 

spite  of  Herle's  opinion  in  a  case  of  the  same  date''  they  were 

adjudged  to  the  king,  and  his  right  seems  to  have  been  resolved 

in  Parliament  as  early  as  the  reign  of  Edward  I.^     The  sense 

in  which  this  holds  now  appears  to  be  this  from  the  authorities*, 

that  the  tithes  belong  jjrima  facie  to  the  crown  unless  they 

have  been  granted  out  by  it  or  its  right  barred  by  the  Nullum 

Tempus  Act".     In  the  last  cited  case,  which  is  a  comparatively 

recent  one,  an  attempt  was  made  to  limit  the  crown's  right  to 

such  lands  as  had  been  parts  of  forests,  but  it  did  not  succeed. 

In  1 549®  every  person  having  cattle  tithcable  and  pasturing  on 

any  land  whose  parish  was  not  known  was  compelled  to  pay  the 

tithe  of  their  increase  to  the  parson  or  vicar  of  the  parish  in 

which  they  the  owners  lived.     This  was  to  remedy  the  frauds 

that  were  continually  being  practised,  by  which  severe  hjsses 

'  2  Imt.  646.  and  Y.  'jyi. 

2  5  or  7  Ed.  III.  »  9  Geo.  III.  c.  10. 

»  2  Itist.  Olfi.  «  2  and  8  Ed.  VI.  c.  1.3,  s.  8. 

*  Att.  Gen.  r.  Lord  J-^ardlcy,  3  E. 


CO  BARREN  AND  WASTE  LANDS. 

were  sustained  by  parsons  from  the  difficulty  and  almost  im- 
possibility of  ascertaining  where  the  tithes  of  the  cattle  were 
due.  By  the  Common  Law  all  land  was  liable  to  the  payment 
of  tithes,  so  that  when  new  land  was  brought  into  cultivation 
the  right  immediately  attached.  This  acted  in  the  middle 
ages  as  a  great  bar  to  the  spread  of  agriculture.  A  modification 
however  was  effected  by  the  above-mentioned  Act  of  Edward 
VI.*;  section  5  enacted  that  "all  barren  or  waste  ground 
which  before  this  time  have  lain  barren  and  paid  no  tithes  by 
reason  of  the  same  barrenness  and  now  be  or  hereafter  shall 
be  improved  or  converted  into  arable  meadow  shall  after  the 
end  of  seven  years  next  after  such  improvement  pay  tithe  for 
the  corn  and  hay  growing  upon  the  same."  The  difficulty  as 
to  which  parish  such  tithes  should  be  paid  was  settled  a  little 
more  than  a  century  later^  at  least  as  regards  what  had  been 
formerly  fens  and  marshes,  by  the  legislature  which  enacted 
that  tithes  of  such  lands  should  be  paid  to  the  tithe-owner  of 
that  parish  which  lies  nearest  to  such  lands.  Many  Inclosure 
and  some  local  acts  have  been  passed  in  the  last  and  present 
centuries  containing  provisions  for  allotting  to  owners  lay  and 
ecclesiastical  lands  instead  of  tithes,  and  under  some  of  them 
the  tithes  of  whole  parishes  have  been  commuted  for  fixed 
money  payments. 

1  2  and  3  Ed.  VI.  c.  13.  -  17  Geo.  II.  2,  c.  37. 


TITHE    LAWS   OF   CHARLEMAGNE.  61 


CHAPTER   VIII. 


In  our  introductory  chapter  we  traced  the  growth  of  the 
tithe  sj'stem  on  the  continent  from  originally  a  purely  voluntary 
offering  to  a  claim  by  the  church  backed  by  a  moral  and 
religious  sanction,  and  then  finally  to  a  legally  established 
system, — a  law  for  tithe  in  the  Austinian  sense  of  the  term. 
Charlemagne,  about  the  year  787,  made  the  first  lay  law 
decreeing  the  payment  of  tithes  to  the  clergy.  "  The  collection 
of  tithes,"  says  Milman',  "was  regulated  by  compulsory  statutes; 
the  clergy  took  note  of  all  who  refused  to  pay ;  four  or  eight  or 
more  jurymen  were  summoned  from  each  parish  as  witnesses 
for  the  claims  disputed ;  the  contumacious  were  three  times 
summoned ;  if  still  obstinate  they  were  excluded  from  the 
church ;  if  they  still  refused  to  pay  they  were  fined  over  and 
above  the  whole 'tithe  six  solidi ;  if  further  contumacious  the 
recusant's  house  was  shut  up ;  if  he  attempted  to  enter  it  he 
was  cast  into  prison  to  await  the  judgment  of  the  next  plea  of 
the  crown."  Such  was  the  administrative  system  in  the  Frank 
Kingdom  for  enforcing  the  new  tithe-law.  As  regards  the 
Saxon  period  in  the  history  of  our  own  country  we  have  no 
such  full  details.  How  and  in  what  way  the  decrees  of  the 
Councils  of  Celcythe  and  Pincahala  were  enforced,  we  do  not 
know.  The  conditions  of  the  Danish  truce  contain  a  penalty 
for  the  withholding  of  tithes,  and  as  we  have  already  soen'^  I  he 
laws  of  Edgar  contain  very  stringent  measures  for  enforcing  the 
payment  of  tithes.     Cases  of  dispute  and  of  those  who  I'eliised 

1  Vol.  IL  p.  202—3.  -'  Ante  pp.  12  and  ir,. 


62  PROCEDURE   DURING   THE   SAXON    PERIOD. 

to  pay  came  under  the  jurisdiction  of  the  Court  of  the  Hundred. 
The  Hundred  or  Wapentake  was  a  cluster  of  town-ships  whose 
presiding  officer  was  the  Hundred-Man.  He  called  the  Hundred- 
moot  together  and  originally  Avith  a  body  of  free-men  could 
declare  the  law.  Ecclesiastical  and  secular  pleas  were  decided 
in  this  court.  It  was  attended  by  the  bishop,  sheriff,  and  lords 
of  the  surrounding  land,  and  appeals  on  questions  of  law  would 
readily  lie  to  the  Shire-moot  and  from  there  to  the  king  him- 
self The  presence  of  the  bishop  or  his  arch-deacon  was 
necessary  for  the  settlement  of  spiritual ;  of  the  sheriff  or 
hundred-man,  of  civil  cases.  The  settlement  of  suits  between 
persons  of  different  wapentakes  was  made  by  the  Shire-moot. 
In  this  the  Bishop  and  the  Ealdorman  presided  but  in  the 
absence  of  the  latter  the  High-Sheriff  or  Viscount  filled  his 
place.  Ecclesiastical  causes  were  first  tried,  next  those  which 
concerned  the  King,  and  thirdly  disputes  between  private 
persons. 

The  fusion  of  ecclesiastical  and  secular  authorities  in  the 
courts  lasted  till  the  year  1085,  when  the  Conqueror  separated 
the  spiritual  from  the  temporal  courts.  The  words  of  the 
Ordinance  are  as  follows,  "Propterea  mando  et  regia  auctoritate 
praecipio,  ut  nullus  episcopus  vel  archidiaconus  de  legibus 
episcopalibus  amplius  in  hundret  placita  teneant,  nee  causam 
quae  ad  regimen  animarum  pertinet  ad  judicium  secularium 
hominum  adducant,  sed  quicunque  secundum  episcopales  leges, 
de  (piacunque  causa  vel  culpa  interpellatus  fuerit,  ad  locum 
quem  ad  hoc  episcopus  elegerit  vel  nominaverit  veniat,  ibique 
de  causa  vel  culpa  sua  respondeat,  et  non  secundum  hundret, 
sed  secundum  can  ones  et  episcopales  leges,  rectum  Deo  et 
episcopo  suo  faciat.  Si  vero  aliquis  per  superbiam  elatus  ad 
justitiam  episcopalem  venire  contempserit  vel  noluerit,  vocetur 
semel,  secundo  et  tertio ;  quod  si  nee  sic  ad  emendationem 
venerit,  excommunicetur,  et  si  opus  fuerit  ad  hoc  vindicandum, 
fortitude  et  justitia  regis  vel  vicecomitis  adhibeatur.  Hie 
autem  qui  vocatus  ad  justitiam  episcopi  venire  noluerit  pro 
unaquaque  vocatione  legem  episcopalem  emendabit.  Hoc 
etiam  defendo,  et  mea  auctoritate  interdico,  ne  ullus  vicecomes 
aut  praepositus  seu  minister  regis,  nee  aliquis  laicus  homo,  de 


SEPARATION    OF    SPIRITUAL    FROM    TEMPORAL   COURTS.       G3 

legibiis  quae  ad  eplscopum  pertinent  se  intromittat  nee  aliquis 
laicus  homo  aliiini  honiinem  sine  justitia  episcopi  ad  jiidieium 
adducat.  Indicium  vero  in  nullo  loco  portctur,  nisi  in  episco- 
pali  scde  aut  in  illo  loco  quem  ad  hoc  episcopus  constituent." 
In  this  ordinance  we  see  the  origin  of  the  ecclesiastical  courts. 
The  summary  of  it  is,  that  no  bishop  or  archdeacon  should  hold 
pleas  in  any  of  the  ordinary  courts,  i.e.  county,  hundred,  or 
sheriff's  concerning  episcopal  laws  or  canons ;  but  that  every 
one  who  had  transgressed  the  episcopal  laws  should  be  judged 
in  such  place  as  the  bishop  should  appoint,  and  if,  after  being 
summoned  three  times  he  did  not  appear,  should  be  excom- 
municated. And  further  no  sheriff,  reeve,  or  king's  officer,  or 
any  layman  was  allowed  to  meddle  with  the  administration  of 
the  episcopal  laws.  The  bishops  were  thus  deprived  of  a  great 
privilege  and  their  jurisdiction  limited  to  spiritual  causes.  The 
effect  of  this  law  was  not  to  transfer  totally  the  settlement  of 
disputes  as  to  tithes  to  the  cognisance  of  the  bishop.  For  during 
the  Norman  period,  that  is,  up  to  the  time  of  Henry  II.,  we  have 
abundant  proof  that  suits  for  tithes  were  settled  both  in  the  new 
spiritual  courts  as  well  as  in  the  secular  courts.  By  original 
suit  in  the  bishop's  court  tithes  were  recovered  and  in  the  secular 
court  by  Prohibition.  Selden  gives  several  examples  of  the 
former\  In  the  reign  of  Stephen  the  monks  of  Northampton 
recovered  two  parts  of  tithes  from  Anselm  de  Cochis  in  the  bishop 
of  Lincoln's  court — the  bishop  sitting  as  ordinary.  Appeals  to 
Rome  from  these  courts  appear  not  to  have  been  infrequent. 
A  tenant  of  land  in  the  parish  of  Lenham  was  sued  in  the 
Archbishop  of  Canterbury's  court  for  tithes  by  the  rector  of  the 
parish.  He  alleged  in  court,  "  that  he  had  been  forbidden  by 
his  lord,  a  nobleman,  William,  brother  of  the  King,  from  enter- 
ing into  any  case  in  his  absence  on  account  of  tithes  respecting 
which  the  suit  had  been  brought "  (Sibi  a  nobili  viro  Wil- 
lielmo  fratre  Regis,  Domino  suo,  esse  prohibitum  ne  eo  absente 
super  Dccimis  do  fjuibus  agcbatiir,  causam  ingrederetur).  In 
spite  of  this  the  court  proceeded  and  on  sentence  being  ready 
to  be  given  for  the  plaintiff  the  case  was  sent  to  Rome  on  the 
defendant's  appeal.     Under  the  first  two  Nonnan  monarchs  the 

•  Soldcn,  414. 


04  PROCEDURE    DURING   THE    NORMAN   PERIOD. 

secular  courts  appear  to  have  determined  rights  of  tithes.  A 
dispute  arose  in  the  time  of  the  second  as  to  the  tithes  of  some 
parishes  in  Sussex.  A  judgment  of  the  Conqueror's  was  cited 
by  which  it  was  shown  that  they  had  been  given  to  a  Norman 
Abbey.  The  other  disputants  were  therefore  compelled  to  pay 
to  the  Abbey  the  profits  they  had  appropriated  to  themselves. 
In  consequence  of  delay  in  execution  the  King  issued  a  writ  to 
his  chief  justiciar  and  several  other  bishops,  &c.  to  enforce  it. 
The  following  writ  of  Henry  I.  taken  from  the  Liberties  of  St 
John  of  Beverley,  is  given  as  an  example  for  the  Norman 
Period.  "  Henry,  King  of  England  to  Osbert,  sheriff  of  York 
and  Gerald  de  Bridesala  greeting — I  order  that  you  cause  the 
church  of  St  John  of  Beverley  to  have  its  tithes  just  as  it 
always  had  them  in  the  time  of  King  Edward  and  my  father, 
from  all  those  lands  respecting  which  men  of  the  shire  of  York 
shall  give  evidence  that  they  ought  to  have  them.  And  who- 
ever shall  have  withheld  them  know  that  I  wish  him  to  do  right 
to  God  and  to  St  John  and  to  me  "  (Henricus  Rex  Anglorum 
Osberto  Vicecomiti  de  Eboraco  et  Geraldo  de  Bridesala  salutem. 
Praecipio  vobis,  ut  faciatis  habere  Ecclesiae  Sancti  lohannis  de 
Beverlaco,  Decimas  suas  sicut  unquam  melius  habuit,  in  tempore 
Regis  Edwardi  et  patris  mei,  de  illis  videlicet  terris  omnibus  de 
quibus  homines  Comitatus  Eboraci  testimonium  portabunt  quod 
eas  habere  debent.  Et  quicunque  detinuerit,  sciatis  quod  ego 
volo  ut  rectum  faciat  Deo  et  S.  lohanni  et  mihi).  The  striking 
analogy  between  this  writ  and  a  lusticies  is  remarked  upon  by 
Selden\  The  latter  writ  was  directed  to  the  sheriff  in  some 
special  cases  by  virtue  of  which  he  might  hold  plea  of  debt  in 
his  court  for  a  larger  sum  than  by  law  usually  allowable.  It 
was  certainly  in  use  in  the  time  of  Bracton^  and  the  one  may 
very  well  be  an  early  form  or  copy  of  the  other.  By  the  time 
of  Hen.  II.  the  power  of  the  ecclesiastical  courts  over  ecclesias- 
tical subjects  had  greatly  increased,  and  the  practice  of  suing 
for  tithes  in  secular  courts  was  viewed  with  extreme  jealousy 
by  the  Church  and  clergy.  One  of  the  five  ancient  customs 
incorporated  in  the  Constitutions  of  Clarendon  (1164),  and 
which  the   Church  fought  so  much  against,  runs,  "  That  the 

1  418.  2  ^ract.  lib.  4. 


PROCEDURE   DURING    THE   ANGEVIN    PERIOD.  G5 

laity,  the  king  or  others  should  hold  pleas  of  Churches  and 
Tithes  and  the  like;"  and  another  of  the  Constitutions  provided 
that  the  King's  Court  should  decide  whether  a  suit  between  a 
clerk  and  a  layman  whose  nature  was  disputed  belonged  to  the 
Church's  courts  or  the  King's.  Although  the  final  victory  in 
the  contest  between  Henry  and  the  great  Archbishop  rested 
^vith  the  King,  the  Church  remained  still  powerful  enough  to 
maintain  her  jurisdiction  over  tithes,  and  in  course  of  time,  with 
the  assistance  of  papal  decrees,  to  make  it  nearly  exclusive. 
Thus  we  find  Alexander  III.  on  a  dispute  as  to  tithes  in  which 
one  side  had  appealed  to  him  as  Pope  and  the  other  to  the 
King,  writing,  "  For  no  one  is  allowed  to  appeal  to  the  secular 
judge  on  spiritual  matters "  (Quoniam  nemini  liceat  super 
rebus  spiiitualibus  ad  secularem  judicem  appellare),  which  even 
at  that  time  was  a  considerable  stretch  both  of  fact  and  fancy. 

With  the  increase  of  the  power  of  the  Church  during  the 
reigns  of  the  early  Angevin  Kings  a  gradual  ousting  by  the 
ecclesiastical  courts  of  the  jurisdiction  of  the  temporal  courts 
in  matters  of  tithe  took  place.  By  the  time  of  Henry  III.  the 
spiritual  courts,  or  Courts  Christian  as  they  were  called,  had 
obtained  the  sole  jurisdiction  over  suits  between  parsons  and 
their  parishioners  as  regards  tithe  where  questions  of  customs, 
modus,  or  right  did  not  come  in.  Thus  we  read  in  Fleta^  when 
he  is  speaking  of  such  suits,  "  Tithe  suits  should  be  held  in  the 
ecclesiastical  court "  (Decimae  in  (juantum  decimae  debent  in 
foro  ecclesiastico  intentari),  with  which  Bracton,  who  lived  in 
the  reign  of  Henry  III.,  agrees ^  The  proceedings  in  such  cases, 
and  which  remained  much  the  same  till  the  jurisdiction  of  the 
spiritual  courts  in  tithe  suits  was  abolished  by  8  and  4  Will. 
IV.  c.  27,  s.  48  in  1833,  were  according  to  the  Civil  and  Canon 
Law  by  Citation,  Libel,  Answer  upon  oath,  &c.  But  as  regards 
suits  between  rectors,  or  in  cases  of  custom  or  right  of  tithe,  the 
temporal  courts  maintained,  to  a  limited  extent,  their  jurisdic- 
titju.  The  different  kinds  of  original  procedure  during  this 
period  may  be  roughly  classed  as  follows : 

I.      By  the  writ  Indicavit  and  Inquest. 

1  Fleta,  lib.  C,  c.  IM.     -  Lib.  r,,  dc  Exccptionibus,  fol.  103  and  ch.  10,  fol.  107. 
Y.  E.  5 


66  THE   WRIT   OF    INDICxVVlT   AND   INQUEST. 

II.      By  the  writ  Indicavit  and  writ  of  Right  of  Advow- 
son  of  Tithes. 

III.  By  Scire  Facias. 

IV.  By  process  of  Command  and  Payment. 
V.      By  Prohibition. 

We  have  ab-eady  shown  how  the  parish  system,  which  exists 
now  in   England,  was  of  gradnal  growth   until  it  reached  its 
present  form  some  time  about  the  beginning  of  the  loth  cen- 
tury.    Disputes  between  the  rectors  of  neighbouring  Churches 
— daughter  Churches  which  in  course  of  time  had  sprung  up  at 
first   dependent   on  the  mother   Church — and  questions  as  to 
which  of  these  the  tithes  of  a  certain  place  or  portion  of  land 
were  due,  were  naturally  of  common  occurrence.     In  such  suits 
the  civil  courts  managed  to  maintain  their  jurisdiction.     "  Be- 
cause  a  Patron   may   incur    damage   of  his  advowson"  (Quia 
possit  Patronus  jacturam   suae   advocationis  incurrere).      The 
means  they  adopted  were  somewhat  as  follows.     The  clerk  of 
one  parish  sues  in  the  spiritual  court  the  clerk  of  another  for 
certain   tithes  received    by   him.      Evidently    should   the   first 
clerk-plaintiff  win  the  suit,  there  will  be  a  loss  incurred  in  the 
value  of  the  advowson  of  the  clerk-defendant,  the  presentation 
to  which   belongs  to  the  patron.      The   civil  court   therefore 
grants  a  writ  to  either  of  the  two  latter  which  prohibits  the 
prosecution    and    holding  of  the   plea  in    the  spiritual  court. 
This  writ  or  prohibition  is  afterwards  known  by  the  name  of 
Indicavit.    Our  authorities  make  it  somewhat  doubtful  whether 
a  certain  portion  of  the  tithes  must  be  in  dispute  before  the 
Indicavit  will  lie.    Bracton  doubtfully  says  that  if  the  matter  in 
dispute  be  less  than  a  sixth  part  of  the  tithes  of  the  parish,  the 
writ  will  not  lie,  but   Selden,  after  a  careful  analysis  of  the 
authorities,   holds  that,  in   these   early   times,  i.e.  before    the 
statutes  of  Westminster  II.  and  Circumspecte  Agatis  (13  Ed. 
l.y,  it  was  gran  table  upon  a  suit  for  ani/  portion  of  the  tithes. 
It  seems  fairly  well  established  that  after  these  statutes  not 
less  than  a  fourth  part  of  the  tithes  must  be  in  dispute,  though 
some  of  our  authorities^  would  still  refer  this  limitation  to  the 

1  A.D.  1285.  '^  Wood's  Inst.  5G7. 


COMPLAINTS  OF  CHURCH  AGAINST  GRANTING  PROHIBITIONS.      C7 

later  statute  of  Articuli  Cleri'  made  in  the  year  1316.  Seldeii 
quotes  in  support  of  his  view  the  complaint  of  the  Clergy 
assembled  in  the  National  Council  of  London  held  under  Otho, 
the  Pope's  Legate  in  1237,  to  correct  certain  proceedings,  "Quae 
fuerunt  in  regno  Angliae  in  pracjudicium  libertatis  Ecclesias- 
ticae,"  which  proceeds ^  "  Likewise  let  not  the  Prohibition  run 
'  Ne  judices  ecclesiastici  cognoscant  de  jure  Patronatus,'  but 
that  clerks  be  able  to  sue  for  tithes  which  belong  to  their 
Churches  as  it  were  of  common  right.  Because  the  patrons  of 
the  Churches  or  Chapels  which  own  the  tithes  sued  for,  say  that 
by  such  a  petition  their  right  of  patronage  is  weakened  and 
they  are  unwilling  for  the  justices  of  our  lord  the  King  to  judge 
what  part  of  the  tithes  is  or  ouglit  to  be  sued  for  before  the 
spiritual  judge  "  (Item  ne  currat  prohibitio  (i.e.  the  Indicavit) 
ne  judices  ecclesiastici  cognoscant  de  jure  Patronatus  quominus 
Clerici  possunt  petere  Decimas  tanquam  de  jure  communi  ad 
ecclesias  suas  pertinentes.  Quia  Patroni  ecclesiarum  vel  capel- 
larum  quae  decimas  petitas  possident,  dicunt  per  talem  peti- 
tionem  juri  Patronatus  sui  derogari  et  nolunt  justiciariis  Doniini 
Regis  judicare  quota  pars  Decimarum  peti  possit  vel  dcbeat 
coram  judice  ecclesiastico).  Another  complaint  is  "Likewise 
let  not  the  King's  Prohibition  run  that  a  rector  of  a  parish 
Church  may  not  sue  those  who  take  the  tithes  within  the  limits 
of  his  parish "  (Item  ne  currat  prohibitio  Domini  Regis,  ne 
Rector  Parochialis  ecclesiae  impetat  eos  qui  percipiunt  Decimas 
infra  limites  Parochiae  suae).  Again  the  pleading  in  the  Abbot 
of  Selby's  case  runs — and  this  was  within  six  years  of  the 
passing  of  the  statute,  "  Because  the  writ  for  a  fourth  part  of 
the  tithes  began  at  first  to  have  place  from  the  time  of  tlu' 
statute  of  the  King  at  Westminster  then  published"  (Quod 
breve  de  cjuarta  parte  Decimarum  primo  locuni  habere  cocpit  a 
tempore  statute  regis  nunc  apud  Wcstmonasterium  indc  editi, 
&c.).  Wo  may  therefore  take  it  that  the  Indicavit  would  lie 
against  a  suit  for  any  part  of  the  tithes.  By  its  forcf  tin" 
proceedings  in  the  spiritual  court  were  stopped.  Had  it  the 
effect  of  removing  the  case  to  the  temporal  courts  ?  The 
answer  is,  they  could  only  take  cognisance  of  it  with  the  con- 
1  9  Ed.  II.  c.  2.  -  Scldcn,  129. 

5—2 


68    WRIT    OF    RIGHT    OF   ADVOWSON    OF   TITHES   AND   INDICAVIT. 

sent  of  the  two  Patrons.  On  consent  being  granted — as  was 
usual — an  Inquest  was  taken.  The  form  of  procedure  was  an 
inquisition  of  jurors  on  proof  made  of  the  fact  on  either  side 
when  it  is  referred  to  their  trial.  The  jurors  were  returned  into 
court  by  the  writ  Venire  Facias  directed  to  the  sheriff.  Such 
was  the  course  of  procedure  in  cases  between  Rectors  till  the 
time  of  the  passing  of  the  two  important  statutes  Westminster 
II.  13  Ed.  I.  c.  5  and  Circumspecte  Agatis.  The  latter,  which 
originally  was  nothing  more  than  a  royal  direction  intended  to 
settle  the  disputes  as  to  the  jurisdiction  of  secular  and  eccle- 
siastical courts,  but  was  afterwards  treated  as  having  the  force 
of  a  statute,  ordains,  after  remarking  that  tithes  are  the  most 
knoAvn  revenue  of  every  church,  that  no  prohibition  or  Indicavit 
should  lie  where  the  matter  in  dispute  was  less  than  a  fourth 
of  the  value  of  the  tithes  or  advowson.  The  express  words  are 
"  dummodo  non  petatur  quarta  pars  valoris  ecclesiae."  The 
statute  of  Westminster  II.  gives  in  cases  where  an  Indicavit 
has  been  sued  the  Writ  of  Right  of  Advowson  of  Tithe,  by 
which  the  suit  is  brought  into  the  civil  courts  for  trial  and  thus 
takes  the  place  of  the  old  fashioned  Inquest.  To  sum  up  then, 
the  Writ  of  Indicavit  is  virtually  a  prohibition  that  lies  to  the 
patron  of  a  Church  whose  clerk  is  sued  in  the  spiritual  court  by 
another  clerk  for  tithes  that  amount  to  a  fourth  of  the  profits  of 
the  advowson.  It  is  directed  to  the  spiritual  judge  not  to 
proceed,  for  the  cause  now  belongs  to  the  temporal  court.  It 
has  cleared  the  ground  and  the  clerk-plaintiff  in  the  original 
suit  or  his  patron  has  merely  to  sue  out  the  Writ  of  Right  of 
Advowson  of  Tithes,  after  which  the  cause  is  tried  and  deter- 
mined in  the  King's  court.  It  will  be  observed  that  the  Indi- 
cavit is  always  between  four  persons,  viz.  two  patrons  and  two 
clerks,  and  in  cases  only  where  the  subject  matter  is  not  less 
than  one-fourth  of  the  value  of  the  tithes.  There  is,  however, 
one  exception  to  this  latter  rule,  and  that  is  in  cases  which 
concern  the  Crown  it  does  not  hold'.  The  writ  must  be 
brought  before  judgment  in  the  spiritual  court,  for  if  after  it  is 
void.  Should  the  part  be  less  than  a  fourth,  and  this  is  sur- 
mised by  the  other  party,  he  can  have  a  Consultation  which 

1  New  Nat.  Br.  66,  101. 


FORM   OF    INDICAVIT. — WHTT    OF  ^CIRE    FACIAS.  69 

removes  the  suit  back  to  the  spiritual  court.  The  Indicavit  is 
called  so  from  the  first  important  words  in  the  writ,  viz.  "  Indi- 
cavit mihi,"  &c.  The  particulars  follow  in  which  is  recited 
that  the  clerk-defendant  in  the  spiritual  court  "  holds  a  fourth 

part  (or  more)  of  all  the  tithes  issuing  from,  etc from  the 

advowson  of  the  Patron Whereas  it  is  manifest  that  the 

said  (Patron)  might  run  the  risk  of  the  loss  of  his  advowson  of 
the  said  tithes  if  the  said  Rector  succeed  in  that  cause :  We 
Forbid  you  to  hold  that  plea  in  the  Court  Christian  until  it 
shall  have  been  determined  in  our  court  to  which,  of  them  the 
advowson   of  the  same  tithes  belongs'"    (tenet   quartum    (or 

more)  partem  omnium  Decimarum  provenientium  de  &c de 

advocatione    of  the   Patron Quia  manifestum  est  quod 

praedictus  (the  Patron)  jacturam  advocationis  Decimarum  prae- 
dictarum  incurreret  si  praedictus  Rector  in  causa  ilia  (clerk- 
plaintiif)  obtineret;  vobis  Prohibemus  ne  placitum  illud 
teneatis  in  Curia  Christianitatis  donee  discussum  fuerit  in 
Curia  nostra  ad  quem  illorum  pertineat  earundem  Decimarum 
advocatio).  According  then  as  the  Writ  of  Right^  is  afterwards 
tried,  so  must  the  spiritual  judge  give  sentence. 

Prior  to  the  year  1345  the  Writ  of  Scire  Facias  was  grantable 
against  prelates  and  clerks  who  took  tithes  after  they  were 
severed,  but  not  against  possessors  of  the  land  in  three  special 
cases  which  we  shall  briefly  discuss. 

First,  upon  the  finding  in  an  Inquest  as  to  the  title  of  the 
demandant  to  the  tithes  in  question,  there  is  reason  to  believe 
that  the  writ  was  issued.  In  many  cases  a  commission  was 
issued  to  determine  certain  facts,  the  proceedings  being  exactly 
in  accordance  with  the  preamble  to  a  statute^  passed  in  1345, 
which  declared  that  the  Writ  Scire  Facias  shall  no  longer  be 
issued  in  such  cases.  Selden*  gives  several  instances  of  com- 
missions of  inquiry  being  sent  out,  one  of  which  we  quote  as  an 
example.  About  the  year  1280  a  commission  was  sent  to  one 
Nicholas  of  Stapleton  commanding  him  to  incpiire  whether  the 
Prior  of  Worksop  ought  to  have  the  tithes  of  all  the  profits  of 

J  Bract.  Lib.  5  de  Except,  c.  4,  fol.  »  18  Ed.  III. 

403.  ■•  pp.  135—38. 

2  13  Ed.  I.  c.  5. 


70      TITHES   GRANTED    BY   PATENTS   AND   THE   SCIRE   FACIAS. 

the  Manor  of  Gringley  which  had  been  subtracted  by  Henry  of 
Alemannia.  The  commission  returned  that  the  Prior  had  the 
right  to  them  by  prescription,  and  that  the  said  Henry  had 
wrongfully  subtracted  them.  "  What  could  be  more  proper," 
says  Selden\  "than  to  have  a  Scire  Facias  upon  the  Inquisition 
according  to  the  intent  of  the  preamble  of  18  Ed.  III.,  in  which 
Scire  Facias  the  right  might  be  tried  between  the  parties,  and 
so  judgment  be  given."  The  cases  however  seem  to  refer  only 
to  tithes  out  of  royal  demesnes  and  immediate  tenancies  of  the 
crown.  The  practice  would  evidently,  had  it  been  at  all 
general,  be  sufficient  for  us  to  say  that  the  temporal  courts  had 
jurisdiction  of  tithes  in  matters  purely  between  a  rector  and  his 
parishioners,  but  the  view  that  a  Scire  Facias  was  only  grant- 
able  for  tithes  of  the  royal  demesnes  seems  to  be  expressly 
corroborated  by  an  answer  of  Edward  I.  to  a  petition  to  him  in 
which  he  distinctly  refers  the  question  to  the  ecclesiastical 
courts.  Selden  however  is  of  opinion  that  Scire  Facias  might 
have  been  issuable  wherever  an  original  writ  or  commission  had 
been  required  to  settle  or  inquire  into  the  right  of  tithes  ^  and 
these  being  few  and  scarce,  have  not  had  any  appreciable  effect 
on  the  usual  practice. 

Writs  of  Scire  Facias  appear  also  to  have  been  grantable  in 
cases  where  the  tithes  have  been  granted  by  Patents  from  the 
crown.  In  1344  we  find  a  writ  directed  to  the  Sheriff  of  Essex 
which  relates  that  the  Churches  of  certain  places  had  been 
granted  with  their  tithes  to  the  Dean  and  Chapter  of  the 
King's  Free  Chapel  of  St  Martin's  in  London  by  Queen  Maud, 
and  that  for  the  previous  twenty  years  the  Abbot  of  Colchester 
had  taken  two  parts.  The  writ  then  runs^  "  And  whereas  we 
wish  and  are  bound  to  maintain  the  rights  all  and  singular  of 
our  free  Church  aforesaid,  and  to  reclaim  those  which  have  been 
taken  away  or  are  illegally  held,  we  command  thee  to  ascertain 
what  belongs  to  the  Abbot  now  in  our  Chancery  wherever  it 
may  be  by  the  fifteenth  day  from  that  of  St  John  the  Baptist 
next ;  then  an  answer  must  be  given  to  us  and  to  the  said 
Dean  and  Chapter  respecting  the  seizures,  occupation  and 
withholding  of  the  said  two  parts  of  the  tithes  as  aforesaid" 
1  p.  436.  -  ib.  p.  438.  ^  Seldeu,  441. 


CLERGY    PETITION    ACiAlNST    GRANTING    OF   SCIHE    FACIAS.      71 

(Et  quia  nos   omnia  et   singula  jura  liberae   capcllae   nostrae 
supradictae    manutenere    volumus    et    tenemur,   ct    ea    quae 
subtracta  fueriut  sive  injuste  occupata  revocare,  tibi  praccipi- 
mus  quod  Scire   Facias  nunc  Abbati  quod  sit  in  Cancellaria 
nostra    in   quiudenam    S.    Johannis   Baptistac    prox.    futuruni 
ubicunquc ;    tunc    fuerit    ad    respondendum    tam    nobis    quam 
praefatis  Decano  et  Capitulo  de  usurpationibus,  occupatione  et 
detentione  dictarum  duarum  partium  Deciniarum  praedictarum, 
&c.).     This  writ  was  returned  by  the  Sheriff  with  Scire  Feci, 
and   in    the    subsequent    pleading    the    Abbot's    council    takes 
exception  to  the  jurisdiction  of  the  temporal  courts  and  declares 
that  the  pleas  should  only  be  held  "  in  Curia  Christianitatis  " 
since  the  two  Churches  were  "in  jurisdictione  ordinaria  Episcopi 
London."     The  court  answered  that  where  the  suit  was  taken 
against    them   that    ought    to    pay   the    tithes,  i.e.   in   case    of 
subtraction  of  tithes,  the  plea  would  be  good  and  the  cause  be 
under  the  jurisdiction  of  the  spiritual  court,  but  not  when  it 
was    brought    against    them    that    were    wrongful    takers    of 
tithes.     How  the  case  was  finally  decided  there  is  no  record, 
but  it  seems  to  have  been  a  main  reason  for  the  passing  of  the 
Statute  18  Edward  III.  c.  7,  discontinuing  the  granting  of  such 
Writs  of  Scire  Facias.     The  clergy  had  petitioned  the  King  in 
Parliament   complaining  of  the    practice    to   which   the   King 
answered  as  follows':    "That  such  writs  as  formerly  are  not 
granted,  and  that  the  process  upon  such  writs  be  abolished,  and 
that   the    parties  be   dismissed   before    the    secular  judges   of 
such  kind  of  pleas,  save  and  except  our  right  as  we  and  our 
ancestors  have  had  and  of  right  ought  to  have  "  (Que  tielx  breifs 
desorenavant  ne  soient  grantes  et  que  les  proces  pendant  sur 
tielx  breifs  soient  anentes  et  que  les  parties  soient  dismisses 
devant  secular  judges  de  tielx  manner  de  Flees  saves  a  nous 
nostrc  droit  tiel  comme  nous  et  nous  ancestres  avouns  eit  et 
soloions  aver  de  reson).     This  act  has  been  generally  received 
as  a  statute,  but  it  does  not   appear  to  have  ever  had  niucli 
force.     For  by  reason  of  the  saving  clause,  not  only  the  King 
him.self,  but  also  patentees  under  him  dbtained  Writs  of  Scire 
Facias  in  the  chancery  after  the  statute,  and  Selden  (jikiIcs"  such 

»  2  Itut.  040  and  Selden,  443.  -  p.  111. 


72       FINES  AND  RECOVERIES  LEVIED  AND  SUFFERED  ON  TITHES. 

a  case  which  occurred  within  four  years  after  the  making  of  the 
statute. 

We  have  already  observed  that  tithes  were  subject  to  all 
the  incidents  of  inheritable  property,  and  that  upon  them  fines 
could  be  levied,  and  Recoveries  suffered  just  in  the  same  way 
as  on  a  manor  or  an  advowson.  It  is  not  for  us  to  describe  the 
proceedings  or  their  history  in  what  are  well  known  as  Fines 
and  Recoveries,  we  need  only  say  here  that  in  very  early  times 
we  find  Fines  levied  on  the  right  of  tithe  in  the  King's  Courts, 
not  upon  Writs  of  Covenant  which  in  later  days  were  in  general 
use  for  the  recovery  of  damages  but  in  Writs  of  Right  of 
Advowson.  Thus  in  Fin.  Trinit.  10  R.  lohannis  before  the 
king  and  his  justices  upon  a  Writ  of  Right  of  Advowson  brought 
by  an  Abbess  against  one  Henry  of  Abeny  for  the  patronage  of 
a  chapel,  the  concord  runs  that  the  Abbess  grants  it  to  him  in 
fee  except  a  pension  of  two  shillings  a  year  to  a  certain  church. 
"  And  by  this  acknowledgment  and  peaceful  claim  and  by  Fine 
and  by  Agreement  the  same  Henry... has  acknowledged  and 
granted  all  the  tithes  from  his  demesne "  (Et  pro  hac  recog- 
nitione  et  quieta  clamatione  et  fine  et  concordia  idem  Henricus 

recognovit  et  concessit  omnes  Decimas  de  Dominico  suo). 

Again  in  the  Leiger  Book  of  the  Priory  of  Merton  there  is  a 
Fine  before  the  same  King  between  one  William  de  Cantelupe 
and  the  Prior  of  Merton  upon  the  right  of  advowson  of  a  church 
wherein  it  is  agreed  that  the  chaplain  of  the  demandants  shall 
not  take  ''  tithes  nor  oblations  from  the  parishioners  of  that 
church  "  (a  parochianis  ejusdem  Ecclesiae  nee  in  decimus  nee  in 
oblationibus),  but  leave  them  all  to  the  parish  Church.  Further 
instances  of  Fines  in  the  succeeding  reigns  might  be  quoted, 
but  these  are  enough  to  show  that  the  adoption  of  the  incidents 
of  inheritable  property  to  the  new  property  which  arose  after 
the  Dissolution  of  the  Monasteries  was  only  an  extension  of 
what  had  previously  existed.  Scire  Facias  was  the  writ  which 
lay  upon  Fines,  levied  upon  lands  &c.,  there  is  no  reason 
therefore  to  suppose  that  it  would  not  lie  for  Fines  levied  upon 
Tithes. 

As  in  the  cases  of  Inquests  and  of  Writs  of  Scire  Facias 
granted  upon  them  the  process  of  bare  commandment  to  pay 


PROCESS    OF   COMMAND    xVND    PAYMENT. — ^fAXDAMUS.        73 

by  writ  from  the  crown  seems  only  to  have  hvvn  in  force  over 
crown  lands,  forests  and  such  like.  The  title  generally,  as  in 
the  former  cases,  must  have  been  by  patent.  The  following  is 
a  writ  issued  by  Henry  III.  to  the  keeper  of  the  forest  of 
Shirewood  and  telling  him  that  "  For  the  peace  of  the  soul  of 
King  John,  our  father,  we  have  granted  to  the  Monks  of 
Basingwork  that  they  may  take  in  turn  up  to  the  feast  of 
St  Michael  in  the  7th  year  of  our  reign  tithes  of  the  corn  sown 
in  our  close  between  Blakebrok  and  Glossop ;  and  therefore  we 
command  you  to  permit  those  Monks  without  any  .hindrance  to 
take  the  aforesaid  tithes  "  (Pro  salute  animae  Domini  lohannis 
Regis  patris  nostri  concessimus  Monachis  de  Basingwerc  quod 
percipiant  hac  vice  usque  ad  Festum  S.  Michaelis  anno  regni 
nostro  vii.  Decimas  de  bladis  seminatis  in  defense  nostro 
inter  Blakebroc  et  Glossop  et  ideo  vobis  Mandamus  quod  ipsos 
Monachos  hac  vice  sine  impedimento  permittatis  decimas 
praedictas  percipere).  There  are  a  number  of  other  such  writs 
relating  to  the  tithes  in  forests  of  Game,  Venison,  &c.  The 
latter  being  as  a  rule  crown  property  the  spiritual  courts  would 
not  have  jurisdiction  over  them.  However  the  practice  of 
granting  such  writs  as  well  as  those  of  Scire  Facias,  already 
referred  to,  appears  to  have  ceased  about  the  middle  of  the 
reign  of  Edward  III. 


74      QUESTIONS    OF    CUSTOMS    DETERMINED    IN    CIVIL    COURTS. 


CHAPTER   IX. 


We  have  already  referred  to  the  means  by  which  the  civil 
courts  in  the  middle  ages  maintained,  to  a  limited  extent,  a 
jurisdiction  over  tithe  suits  in  cases  where  the  right  of  patron- 
age was,  however  vicariously,  invoked.  The  writ  Indicavit 
which  stopped  the  proceedings  in  the  spiritual  courts  was  only 
a  particular  form  of  another  writ  known  by  the  name  of  a 
Prohibition  which  issued  from  the  King's  Courts  on  their  being 
informed  that  a  judge  in  the  Spiritual,  Admiralty,  or  Court  of 
Chivalry  was  holding  plea  where  he  had  no  jurisdiction.  It 
forbad  the  judge  to  proceed  whether  the  court  at  law  gave  a 
remedy  or  not.  As  the  determination  of  Customs  has  always 
formed  part  of  the  business  of  the  common  law  it  is  only  in 
consonance  with  first  principles  that  such  questions,  even  when 
relating  to  such  spiritual  matters  as  tithes  have  always  been 
held  to  be,  should  also  be  determined  by  the  rules  of  the  common 
law,  and  in  the  common  law  courts.  When  therefore  a  suit 
was  entered  in  the  spiritual  court  with  respect  to  the  payment 
of  tithes,  in  which  the  amount  to  be  paid  was  determined  by 
the  custom  of  the  parish  in  which  the  paying  lands  were,  a 
Prohibition  with  the  above  mentioned  effect  at  once  lay.  From 
the  earliest  times  tithe-paying  in  England,  though  at  various 
times  enforced  by  Acts  of  the  legislature,  has  always  been 
more  or  less  regulated  by  custom. 

It  is  through  immemorial  custom  that  the  Modus — to  which 
we   shall  refer  more  particularly   later — has  been  established. 


WRIT  OF  CONSULTATION — THE  WEAPON  OF  THE  CHURCH.   75 

In  all  matters,  therefore,  where  a  modus  or  custom  of  tithe- 
paying  was  iu  question  a  Prohibition  would  lie  which  ousted 
the  jurisdiction  of  the  spiritual  court.     This  writ,  which  as  we 
have  seen  dates  back  to  the  Norman  period,  was  granted  upon 
suggestion,  i.e.  representation  of  the  matter  to  the  court — and 
the  latter,  it  may  be  incidentally  remarked,  was  regulated  by 
Magna  Charta^ — and  was  du-ected  not  only  to  the  judge  but 
also  to  the  disputant  parties.     Should  either  of  them  proceed 
in  the  case  an  attachment  could  be  had  or  an  action  on  the 
case.      The    party   prohibited   might  however  appear,  take  a 
declaration  on  the  suggestion  and  go  to  trial,  and  if  it  be  found 
against  the  plaintiff  in  the  Prohibition,  a  Writ  of  Consultation 
was  awarded.     The  granting  of  these  writs  which  had  the  effect 
of  sending  the  case  back  to  the  spiritual  court  was  first  regu- 
lated in  the  year  1296,  by  what  is  known  as  the  Statute  of 
Writ  of  Consultations,  which  declared  that  it  was  to  return  a 
cause  removed  by  Prohibition  back  to  the  ecclesiastical  court 
when  the  judge  found  that  the  latter  had  jurisdiction  or  that 
the  Suggestion  was  false.     Circumspecte  Agatis  as  we  have  seen 
had  decided  ten  years  previously  in  what  cases  Prohibitions 
should  not  lie,  and  though  they  would  lie  on  the  claim  of  the 
clergy  to  take  tithes  of  matter  which  had  not  been  before  tithe- 
able  by  custom,  still,  in  later  years,  the  Writ  of  Consultation 
was  a  tremendous  weapon  in  the  hands  of  a  powerful  Church. 
In  the  dispute  that  raged  between  the  Commons  and  the  clergy 
in  the  question  whether  wood  should  be  tithed  according  to  the 
canon   made   at  Stratford's  Synod,  the  constant  prayer  of  the 
Commons  is',  "That  it  may  please  our  Lord  the  King  to  grant 
a  Prohibition  luithout  a  Consultation  to  those  who  in  such  a  case 
demand  it  and  that  the  said  gentlemen  of  Holy  Church  be  pro- 
hibited from  demanding  tithes  of  timber  trees  "  (Que  plcise  a 
nostre  Seigniour  le  Roy  cut  gninter  Prohibition  sans  Consulta- 
tion a  toux  ceux  que  le  voillent  dcmander  en  tiel  cas  e  c|ue  les 
dites  gents  do  S.  Esglise  soiont  defenduz  a  demander  Dismes  do 
gros.se  bois).     Again  in  1404  a  similar  petition  which  we  have 
given  at  length^  against  the  attempt  of  the  clergy  to  exact 
tithes  of  ([uarries  of  stone  and  slate  against  custom  and   the 
'  9  Hon.  III.  c.  28.  -  Hot.  Pari.  25  Ed.  III.  art.  37.  '  p.  5H. 


76        PROCEDURE    IN    A    PROHIBITION    AND    CONSULTATION. 

common  law  concludes,  "  que  si  ascun  Prohibition  soit  fait  en  le 
cas  que  nul  Consultation  soit  grant  a  contrarie."     The  ancient 
practice^  in  cases  of  Prohibition  when  they  were  granted  on 
motion,  was  for  the  party  prohibited  to  sue  out  a  Scire  Facias, 
Quare   consultatio   non  debet   concedi  post  Prohibitionem,   in 
which  writ  the  Suggestion  was  recited  and  also  the  Prohibition 
granted  thereon  ad  damnum  of  the  party,  but  in  later  years 
this    practice    was   altered   into   somewhat   as   follows :    upon 
granting  a   Prohibition   to  the  Plaintiff  the  court  bound  him 
in   a  recognisance   to   prosecute   an   Attachment   of  Contem'pt 
against  the  Defendant  for  suing  in  a  spii'itual  court,  &c.,  after  a 
Prohibition  granted,  and  then  to  declare  upon  the  Prohibition, 
so  that  he  who  was  the  Defendant  in  that  court  now  becomes 
Plaintiff  in  the  court  above.     In  the  Act  for  the  Recovery  of 
Tithes,  passed  in  the  first  years  of  Edward  VI.'s  reign  ^  it  is 
enacted  that  in  suggestions  for  Prohibitions  in  tithe  suits,  the 
suggestions  must  be  proved  to    the    court   by   two   witnesses 
within  six  months  after  the  Prohibition  granted ;  provided  the 
Suggestion  does  not  contain  a  negative.     It  is  needless  for  us 
to  enter  into  any  detail  of  the  numerous  cases  that  have  been 
decided  in  our  courts  touching  Prohibitions.     We  may  merely 
mention  one  which  shows  nicely  the  distinction  as  to  jurisdic- 
tion where  a  question  of  custom  comes  in,  and  which  appears 
to  have  been  decided  about  the  middle  of  the  15th  century.     A 
parson  granted  to  one  by  deed  that  he  should  be  discharged  of 
tithes  of  his  lands,  and  afterwards  sued  in  the  spiritual  court 
for  them.     It  was  held^  that  the  party  sued  shall  not  have  a 
Prohibition  because  he  can  suggest  the  matter  in  the  spiritual 
court  to  discharge  him  of  the  tithes;    but  if  it  were  upon  a 
Composition  made  before  time  of  memory  and  now  the  parson 
sues  for  tithe  of  the  lands,  he  shall  have  a  Prohibition  against 
the  parson. 

We  have  already  commented  on  the  condition  of  the  Church 
at  the  time  immediately  prior  to  the  dissolution  of  the  monas- 
teries ;  then  as  Sir  Edward  Coke  informs  us^  that  through  "  the 
noise  of  the  dissolution  laymen  taking  small  occasions  to  with- 

1  Plowd.  472.  ■'  Mich.  8  Ed.  IV.  14. 

2  2  aud  3  Ed.  VI.  c.  63.  ^  2  Imt.  648. 


PROCEDURE   AFTER    THE    DISSOLrTION.  77 

draw  their  tithes"  the  practice  of  tithiug,  had  so  to  speak,  greatly 
fallen  away,  to  such  au  extent  that  some  special  means  were  at 
once  necessary  to  preserve  to  the  parson  what  law  and  custom 
had  held  to  be  his  due.     These  means  were  provided  by  the 
legislature  in  two  Acts  of  Parliament.     It  was  enacted  by  27 
Henry  VIII.  c.  20,  that  "through  all  the  King's  dominions  every 
subject  according  to  the  ecclesiastical  laws  and  ordinances  of 
this   Church    of  England,  and   after  the   laudable   usages  and 
customs  of  the   parish,  or  other  place  where   he  dwelleth   or 
occupieth,  shall  yield  and  pay  his  tithes,"  and  further  if  a  judge  of 
the  ecclesiastical  court  makes  complaint  to  two  Justices  of  the 
Peace  (one  Quorum)  of  any  contumacy  or  misdemeanour  com- 
mitted by  a  defendant  in  any  suit  depending  for  tithes,  &c.,  the 
said  justices  "shall  commit  such  defendant  to  prison  there  to 
remain  without  bail  till  he  finds  sufficient  surety  to  be  bound 
by   recognizance   or  otherwise,   to  give   due   obedience   to   the 
process,  decrees,  and  sentences  of  the  said  ecclesiastical  court." 
This  Act  which  extends  to  all  kinds  of  tithes — praedial,  personal 
and   mixed — gives  relief   only   to   ecclesiastical    persons,   when 
therefore  after  the  dissolution,  the  monasteries  to  which  tithe 
and  parish  Churches  had  been  appropriated,  were  settled  on  the 
crown   and  afterwards  conveyed  into   lay  hands,  an  Act   was 
passed'  commanding  every  man  "  fully,  truly,  and  effectually  to 
divide,  set  out,  yield  or  pay  all  and  singular  tithes  and  offerings 
according  to  the  lawful  customs  and  usages  of  the  parishes  and 
places  where  such  tithes  or  duties  shall  grow,  arise,  or  become 
due"  and  that,  "  if  tithes  and  offerings  are  not  set  out  and  paid, 
the  party  grieved  ecclesiastical,  or  lay,  and  their  farmers  may 
convene  him  that  detains  them  before  the  ecclesiastical  judge." 
"  But  all  persons  that  are  disseised  or  kept  from  their  lawful 
inheritance,  freehold,  term,  right  or  interest  in  any  parsonage, 
vicarage,   pension,   tithes,   oblations  or  other   ecclesiastical,   or 
spiritual  profit,  which  arc  made  temporal  and  abide  in  temporal 
hands   to   lay  uses  by  law,  may  have;    the  like  remedy  in  the 
temporal   courts,   as  for   other   lands   and   tenements."     After 
sentence  in  the  ecclesiastical  court,  on  certificate  from  the  judge, 
power  was  given  to  two  justices  of  the  peace  to  commit  any 

>  :^2  Heu.  Vlll.  <:.  7, 


78      RExMEDIES    UNDER   ACTS   OF   HENRY    VIII.    AND    EDWARD   VI. 

person,  still  refusing  to  pay  his  tithes,  to  prison.  It  will  thus  be 
seen  that  remedy  is  given  for  ecclesiastical  persons  before  the 
Ordinary  and  for  lay  impropriators  in  the  secular  courts. 

It  will  be  observed  too  that  they  may  sue  in  which  court  they 
prefer.     There  is  no  mention  either  of  "  contumacy  "  so  that  under 
this  statute  the  party  could  not  be  compelled  in  the  ecclesiastical 
court  to  give  security  for  his  obedience,  but  only  to  the  definitive 
sentence  where  as  under  27  Hen.  VIII.  c.  20  security  could  be 
demanded  upon  contumacy  in  any  part  of  the  proceedings.     It 
is  easy  to  see  that  the  above  acts  still  left  open  many  oppor- 
tunities for  fraud.     To  remedy  their  defects,  an  important  act 
was  passed  in  the  year  1549^  which  enacted  "that  every  subject 
shall  without  fraud  yield  and  pay  all  j-jraecZm^  tithes  in  kind  as 
hath  of  I'ight  been  yielded  and  paid  within  forty  years  before  the 
making  of  this  Act,  or  of  right  and  custom  ought  to  have  been 
paid.     And  if  any  carries  away  such  tithes  before  he  hath  justly 
divided  and  set  forth  the  same,  or  otherwise  agreed  for  them 
with  the  parson,  &c.,  or  farmer  thereof,  he  shall  forfeit  treble 
value  of  the  tithes  so  taken  away."     Again,  "  that  at  all  times 
and  as  often  as  the  praedial  tithes  shall  be  due  at  the  tithing 
time  of  the  same,  it  shall  be  lawful  for  the  parson,  &c.,  or  his 
deputy,  or  servant,  to  view  and  see  the  tithe  justly  set  forth, 
and  the  same  quietly  to  take  and  carry  away.     And  if  any 
person  carry  away  his  corn  or  hay,  &c.,  before  the  tithe  is  set 
forth  or  willingly  withdraw  his  tithe  of  the  same,  or  do  stop  or 
let  the  owner  thereof,  or  his  deputy  or  servant  to  view  and  carry 
away  the  tithes  to  the  loss  or  hurt  of  the  same,  then  upon  due 
proof  before  a  spiritual  judge  the  party  shall  pay  double  the 
value  of  the  tithes  besides  costs  of  suit  and  may  be  excommu- 
nicated."    Section    7  of  the  Act  enacts  that,  "  Every  person 
exercising  merchandizes,  bargaining  and  selling  cloth,  handicraft, 
or  other  art  or  faculty,  by  such  kind  of  persons  and  in  such 
places  as  here-to-fore  within  these  forty  years  have  accustom- 
ably  used  to  pay  such  personal  tithes,  or  of  right  ought  to  pay, 
other   than    such    as  be  common   day  labourers,   shall  yearly, 
before  the  feast  of  Easter,  pay  for  his  personal  tithes  the  tenth 
part  of  his  clear  gains,  his  charges  and  expenses,  according  to 

i  2  and  3  Ed.  VI.  c.  13. 


RULINGS   AND   OPINIONS   HELD    UNDER   THE   ACTS.  79 

his  estate,  condition  or  degree,  to  be  therein  abated,  allowed 
and  deducted" ;  and  by  section  9,  "  if  any  person  refuse  to  pay 
his  personal  tithes  in  form  aforesaid,  then  it  shall  be  lawful  to 
the  ordinary  of  the  diocese,  where  the  party  that  so  ought  to 
pay  the  said  tithes  is  dwelling,  to  call  the  same  party  before  him 
and  by  his  discretion  to  examine  him  by  all  lawful  and  reason- 
able means  otherwise  than  by  the  party's  own  corporal  oath 
concerning  the  true  payment  of  the  said  personal  tithes." 

The  general  run  of  opinion  and  cases  decided  upon  the  above 
Act  is  briefly  summed  up  as  follows. 

The  sense  of  the  words  "  as  of  right  been  yielded"  relates  to 
tithes  in  kind  }delded  within  forty  years';  and  of  the  words  "of 
right  and  custom"  relates  to  a  rightful  custom,  de  modo  deci- 
mando. 

If  the  tithes  are  set  out  and  severed  from  the  nine  parts  by 
the  owner,  they  are  become  lay  chattels  ^  so  that  if  after  sever- 
ance, they  are  carried  away  by  a  stranger,  the  remedy  against 
the  stranger  is  in  the  temporal  courts  for  treble  the  value.  If 
the  owner  of  the  land  carries  them  away,  there  is  no  setting 
forth  I  This  was  decided  about  the  year  1602  in  a  prohibition 
between  Heale  and  Sprat.  H.  had  set  out  the  tithes  correctly 
bvit  soon  after  carried  them  away.  S.  sued  for  subtraction  in 
the  ecclesiastical  court  and  H.  pleaded  that  he  had  set  them 
out  according  to  the  Act.  It  was  adjudged  that  his  carrying 
them  away  was  fraud  and  guile  under  the  Act. 

The  treble  damages  are  to  be  recovered  in  the  temporal 
courts  by  Action  of  Deht*,  because  they  are  given  generally,  not 
limiting  where  they  are  to  be  recovered.  The  whole  Court  of 
Exche(|uer  decided"  that  the  forfeiture  should  be  given  to  the 
party  grieved,  alth(jugh  no  person  in  certain  is  mentioned  in  the 
Statute".  This  is  the  first  leading  case  on  the  point  and  it  has 
ever  since  been  held  to  be  law.  But  such  forfeiture  cannot  be 
demanded  by  executors,  because  the  wrong  was  personal,  ami 
"Actio  personalis  nioritur  cum  persona"  and  further,  it  is  a 
personal  contempt  of  the  Statute. 

1  2  Imt.  0.50.  ■'  1  //I.S7.  151)  and  2  1ml.  (112,  050. 

•'  1  Cro.  007.  5  A.D.  1587. 

3  2  Imt.  013,  040.  ''  Att.  (Jcii.  v.  Wood. 


80  LIMITATIONS   OF   THE   CANON    LAW. 

The  double  value,  it  is  to  be  observed  \  is  to  be  recovered  in 
the  ecclesiastical  court  and  is  equivalent  to  the  treble  forfeiture 
recoverable  in  the  temporal  courts,  because  in  the  former  court 
the  tithes  themselves  can  be  sued  for,  i.e.  a  recompense  for  them 
plus  the  double  value.  Thus  the  suit  in  the  ecclesiastical  court 
was  more  advantageous,  because  in  addition,  costs  could  be 
recovered.  We  may  here  note  that  the  two  proceedings  were 
not  put  on  an  equal  footing  in  this  respect  till  nearly  a  hundred 
and  fifty  years  afterwards,  when  it  was  enacted^  that  costs 
should  be  given  with  the  treble  value  in  the  temporal  courts 
where  the  single  value  or  damage  found  by  the  jury  does  not 
exceed  twenty  nobles. 

The  Act  of  EdAvard  VI.  extends  only  to  praedial  and 
personal  tithes,  but  since  it  rehearses'  27  Hen.  VIII.  c.  20  and 
32  Hen.  VIII.  c.  7,  which  extends  to  all  kinds  of  tithes,  it 
includes  mixed  tithes  as  well.  It  will  be  observed  that  in  the 
following  ways  the  Act  limited  the  canon  law. 

(1)  By  that  law  the  owner  of  the  corn,  hay,  &c.,  had  to  give 
notice  to  the  parson  of  its  harvest  or  cutting,  &c.  By  the 
common  law  no  such  notice  was  necessary,  and  the  statute 
merely  gives  the  parson  the  right  of  seeing  the  tithes  set  out, 
and  does  not  oblige  notice  to  be  given. 

(2)  The  canon  law  compelled  all  persons  in  all  places  to  pay 
their  personal  tithes,  the  Act  restrains  it  to  such  persons  as  have 
accustomably  used  to  pay  them  within  40  years  before  the 
making  of  the  Act*. 

(3)  Labourers  are  freed  from  payment  of  personal  tithes  I 

(4)  The  bishop  or  ordinary  before  the  time  of  the  Act  could 
examine  the  party  upon  oath  but  after  the  Act  he  could  not^ 

This  taking  away  of  the  oath  to  prove  that  personal  tithes 
were  due,  rendered  the  recovery  of  them  almost  impracticable, 
and  supplies  the  reason  that  in  course  of  time  the  practice 
of  paying  such  tithes  fell  into  disuse.  We  have  already  remarked 
that  the  only  personal  tithes  payable  at  the  time  of  the  Commu- 
tation Acts  were  of  mills  and  fish. 

1  2  Inst.  650.  ■*  Phillimore's  Eccles.  Law,  p.  1537. 

2  8  and  9  WilL  III.  c.  11.  '  I^iid. 

3  2  Inst.  662.  ®  Il^id- 


RECOVERY   OF   SMALL   TITHES   BEFORE   JUSTICES. 


81 


Such  was  the  state  of  the  law  till  nearly  the  end  of  the  reign 
of  William  III.  when  an  Act  was  passed  for  the  more  easy 
recovery  of  small  tithes.  It  was  then  enacted^  in  cases  where  the 
small  tithes  do  not  amount  to  above  the  yearly  value  of  40 
shillings  from  any  one  person,  "  that  if  any  person  shall  subtract 
or  withdraw  or  fail  in  the  payment  of  such  small  tithes  by  the 
space  of  twenty  days  after  demand  thereof,  that  then  it  shall  be 
lawful  for  the  person  to  whom  the  same  are  due  to  make  his 
complaint  in  writing  to  any  two  justices  of  the  peace  within 
the  county  or  place  where  the  same  shall  grow  due,  neither  of 
M'hich  justices  is  to  be  the  patron  of  the  church'  whence  the 
said  tithes  arise  or  in  any  ways  interested  in  such  tithes."  The 
justices  may  then  summon  the  party  in  writing  and  after 
appearance  or  default  proceed  to  hear  and  determine  the 
complaint".  The  case  is  to  be  adjudged  in  writing  with  costs 
not  exceeding  ten  shillings  against  the  plaintiff  or  defendant ^ 
with  liberty  to  appeal  to  the  Quarter  Sessions*,  whose  judgment 
shall  be  final  unless  the  title  of  such  tithe  is  in  question.  The 
justices  have  power  to  administer  an  oath  to  any  witnesses 
brought  before  them',  and  to  levy  the  money  adjudged  by 
distress  upon  refusal  ten  days  after  noticed  The  judgment  is  to 
be  enrolled  and  cannot  be  removed  by  writ  of  certiorari,  &c.' 
If  the  defendant  however  sets  up  a  modus,  and  gives  security 
for  costs  and  damages  in  the  courts  above,  the  justices  shall  not 
proceed  I  It  has  been  ruled°  that  he  must  set  up  the  modus 
before  the  justices  in  the  first  instance,  and  if  he  neglect  to  do 
so  and  an  order  is  made  he  cannot  on  appeal  to  the  sessions 
give  evidence  of  the  modus^",  and  the  effect  of  the  section  is  to 
take  away  from  the  justices  the  power  of  trying  a  questiun  of 
modus  in  any  case. 

In  the  same  year,  in  consequence  of  the  refusal  of  Quakers 
to  pay  tithes  and  Church  rates,  an  Act  was  passed"  much  on 


>  7  and  8  Will.  ITT.  c.  P.,  s.  1. 

7  S.  7. 

■'  S.  2. 

»  S.  8. 

=»  S.  12. 

9  Rex  V.  Jeffereys,  :}  E.  and  Y.  10'.)8 

*  S.  7. 

1"  A.n.  1824. 

••'  S.  4. 

"  7  and  s  Will.  III.  c  :U. 

«  S.  H. 

v.  E. 


82  QUAKERS   REFUSING   TO    PAY    TITHES. 

the  same  lines  as  the  above  for  the  recovery  of  tithes  which 
they  refused   to  pay.     Two  justices  of  the  peace,  having  the 
same  power  as  to  oath,  &c.,  were  to  determine  the  case,  provided 
the  amount  to  be  recovered  did  not  exceed  ten  pounds,  and  they 
could  levy  the  money  ordered  to  be  paid  by  distress  and  sale  of 
the  offender's  goods.     The  same  provisions  are  made  for  appeal 
as  in  the  former  Act,  but  no  warrant  of  distress  can  be  granted 
till  the  appeal  is  determined.     It  will  be  observed  that  this  Act 
refers  to  great  and  small  tithes  and  is  not  limited  like   the 
former.     Both  these  Acts  were  passed  for  a  period  of  years,  but 
the  first  was  made  perpetual  by  3  and  4  Anne,  c.  18,  s.  1,  and  the 
jurisdiction  of  the  justices  was  extended  to  "  all  tithes,  obliga- 
tions, compositions  subtracted  or  withheld  where  the  same  does 
not  exceed  ten  pounds"  by  53  George  III.  c.  127;  and  the 
second  was  made  perpetual  by  1  Geo.  I.  c.  6,  and  the  jurisdiction 
of  the  justices  extended  to   any  amount  not   exceeding  fifty 
pounds  by  53  Geo.  III.  c.  127.     However  by  5  and  6  Will.  IV. 
c.  74,  s.  1^  proceedings  for  the  recovery  of  tithes  under  the  value 
of  £10  (except  in  the  case  of  Quakers)  were  to  be  had  only 
under  the  powers  given  by  the  afore-mentioned  Acts,  viz.,  7  and 
8  Will.  III.  c.  6,  and  53  Geo.  III.  c.  127,  and  that  in  the  case  of 
Quakers  no  suit  or  proceeding  shall  be  had  in  respect  of  great 
and  small  tithes,  &c.,  of  or  under  the  value  of  fifty  pounds,  but 
that   all    complaints   touching    the   same    shall  be   heard  and 
determined  under  the  powers  and  provisions  contained  in  7  and 
8  Will.  III.  c.  34,  and  53  George  III.  c.  127,  provided  of  course 
that  in  all  cases  no  question  of  title  comes  in.     By  the  second 
section  of  the  Act^   in  the  case  of  Quakers  no  execution  or 
decree  shall  issue  or  be  made  against  their  persons,  but  the 
plaintiffs  shall  have  execution  on  their  goods  or  other  property. 
And  in  case  any  should  then  be  detained  in  custody  they  are  to 
be  discharged  by  the  sheriff,  who  shall  issue  other  execution  for 
recovery  out  of  their  property.     The  above  Act  was  extended  in 
the  year  1841'  in  such  a  way  as  to  take  away  the  jurisdiction 
from   the   ecclesiastical   courts  of  all   cases  where  the  matter 
involved  is  not  above   the  value  of  £10,   or   in    the    case    of 
Quakers  of  £50. 

'  5  and  0  Will.  lY.  c.  74.  -  4  aiicl  5  Yict.  c.  m. 


EQUITY    AND   TITHE   SUITS. — STATUTE   OF    LlMrTATlONS.      S8 

Before  proceeding  to  discuss  the  change  wrought  by  the 
Commutation  Acts  in  the  means  for  the  recovery  of  tithes  we 
may  remark  that  in  addition  to  what  has  been  already  said  that 
though  tithes  could  have  been  recovered  in  the  ecclesiastical 
court  when  they  are  admitted  to  be  due  still  those  courts  had  no 
jurisdiction  to  try  the  right  to  tithes,  unless  between  spiritual 
persons,  and  they  would  be  prohibited  from  trying  any  cases  of 
modus  or  prescription.  The  action  of  debt  given  by  2  and  3  Ed. 
VI.  c.  13,  being  a  common  law  action,  could  only  be  brought  in 
Courts  of  Common  Law.  Courts  of  Equity  had  also  jurisdiction 
over  tithes  to  the  extent  that  they  could  decree  an  account  and 
payment  of  tithes,  where  a  legal  right  to  them  appears,  but  they 
could  not  enforce  the  payment  of  the  treble  or  double  value  given 
by  the  above-mentioned  statute.  The  ancient  practice  and  the 
most  general,  notwithstanding  the  statute,  was  to  file  bills  for 
an  account  of  tithes,  and  with  regard  to  these.  Courts  of  Law 
and  Equity  had  a  concurrent  jurisdiction.  In  the  Court  of 
Exchequer — where  the  clergy  usually  exhibited  their  bills  for 
the  recovery  of  tithes — the  course  of  proceeding  was  to  decree 
an  account  of  tithes  to  the  time  of  the  filing  of  the  bill ;  but  in 
the  Court  of  Chancery  the  account  was  carried  down  to  the  time 
of  the  master's  report \  As  regards  the  time  in  which  actions 
could  be  brought  it  was  held  by  all  the  Court  as  early  as  1G39, 
that  the  Statute  of  Limitations  could  not  be  pleaded  in  an 
action  of  debt  for  not  setting  out  tithes  brought  under  2  and  3 
Ed.  VI.  c.  13^.  For  the  3rd  section  of  the  former  Act  is  confined 
to  actions  of  debt  grounded  upon  a  lending  or  contract  without 
specialty  and  to  debt  for  arrears  in  rent.  So  likewise  it  could 
not  be  pleaded  in  bar  to  a  bill  in  Equity  for  subtraction  of 
tithes'.  However  this  state  of  the  law  was  changed  early  in  the 
present  century  when  it  was  enacted  by  53  Geo.  III.  c.  127,  s.  5, 
that  "no  action  shall  be  brought  for  the  recovery  of  any  penalty 
for  the  not  setting  out  of  tithes,  nor  any  suit  instituted  in  any 
Court  of  Equity,  or  in  any  Ecclesiastical  Court  to  recover  the 
value  of  any  tithes,  unless  such  action  shall  be  brought  or  such 
suit  commenced  within  6  years  from  the  time  when  such  tithes 

'  2  Eagle  on  Tithes,  .372.  '  Marston  v.  Claypole,  1  E.  and  Y. 

-'  Talorv  v.  .Taeksnn,  Cm.  Car.  ;'1;{.        H12. 

0—2 


<S4  POWERS   OF   DISTRESS    AND   POSSESSION. 

became  due";  and  further  in  1832^  it  was  enacted  that  after 
the  31st  December,  1833,  no  person  claiming  any  tithes  recover- 
able at  law  or  in  equity  shall  bring  a  suit  or  other  proceeding 
in  any  spiritual  court  to  recover  the  same  but  within  the  period 
during  which  he  might  bring  such  action  or  suit  at  law  or  in 
equity. 

We  now  proceed  briefly  to  show  the  change  in  this  part  of  our 
subject  which  was  wrought  by  the  Commutation  Act.  By  the 
81st  section  power  is  given  for  the  recovery  of  the  rent-charge 
and  this  power  is  a  power  of  Distress.  When  the  rent-charge  is 
in  arrear  for  21  days  after  the  half-yearly  days  of  payment,  the 
person  entitled  to  the  rent-charge  after  having  given  or  left  10 
days'  notice  with  the  tenant  in  possession,  can  distrain  upon  the 
lands  liable  to  the  rent-charge  for  arrears,  and  can  dispose  of 
the  distress  when  taken.  In  fact  he  must  "  demean  "  himself  in 
regard  to  it  in  the  same  way  as  a  landlord  taking  a  distress  for 
rent,  provided  however  that  not  more  than  two  years'  arrears 
shall  at  any  time  be  so  recovered.  It  will  be  noted  that  the 
distraint  must  be  on  the  lands  and  that  there  is  no  personal 
remedy  against  the  non-payer.  This  is  specially  declared  by 
the  67th  section  where  it  says  that  nothing  contained  in  the  Act 
shall  be  taken  to  render  any  person  personally  liable  to  the 
payment  of  the  rent-charge. 

In  case  the  payment  has  been  in  arrear  for  over  40  days  and 
no  sufficient  distress  appears  on  the  land  upon  affidavit  of  the 
facts  before  the  Court^  the  judge  may  issue  a  writ  to  the  sheriff 
of  the  county  requiring  him  to  summon  a  jury  to  assess  the 
arrears  still  unpaid  and  to  return  the  Inquisition  thereon  to  the 
court.  A  copy  of  the  writ  stating  the  time  and  place  of  execu- 
tion must  be  left  with  or  given  to  the  owner  of  the  land  or  his 
agent  10  days  previous  to  the  execution.  On  the  return  of  the 
writ  to  the  Court,  the  tithe- owner  may  sue  out  a  writ  of  Habere 
facias  possessionem  directed  to  the  sheriff,  who  will  put  him  in 
possession  of  the  lands  which  he  may  keep  till  all  arrears  and 
all  costs  are  paid.  This  latter  clause  was  necessary  in  order  to 
defeat  the  attempts  of  land-owners  to  deprive  tithe- owners  of 
their  right  by  leaving  the  lands  uncultivated  ;  this  having  been 

1  .8  and  4  ^Yill.  IV.  c.  27,  s.  43.  -  S.  82. 


FORMALITIES    OF    POSSESSION.  85 

held'  not  to  entitle  them  to  an  action  tor  daniago.  The  persons 
in  possession  of  distrained  lands  have  to  keep  perfect  accounts 
of  all  expenses  and  profits,  and  by  the  12th  section  of  5  and  G 
Vict,  c.  54  the  owner  of  the  rent-charge  may  let  land  taken 
under  a  writ  of  possession  for  one  year  in  possession.  Section 
84  of  the  Act  gives  special  remedies  against  Quakers  whose 
goods  may  be  distrained  off  the  premises  and  sold  without  being 
impounded. 

Under  the  Fourth  Tithe  Amendment  Act^  the  notice  of 
distraint  or  a  copy  of  the  writ  to  assess  shall  be  considered  as 
given  or  served,  in  case  no  person  is  found  on  the  land,  by 
affixing  it  in  some  conspicuous  place  on  the  land,  and  the 
previous  section^  gives  a  remedy  to  one  tithe-payer,  who  has 
paid  a  larger  contribution  than  he  considers  just,  when  the  land 
charged  with  one  amount  of  rent-charge  has  several  owners  or 
tenants,  against  them  by  summons  before  the  Magistrates' 
Courts  who  may  order  payment  under  their  hands  and  seals. 

The  remedies  provided  by  the  different  Commutation  Acts 
having  often  proved  ineffectual  in  cases  where  the  rent-charges 
had  been  charged  upon  land  taken  for  railway  purposes,  an  Act* 
was  passed  in  1844  extending  the  power  of  distraint  over  the 
goods,  chattels,  and  effects  of  such  companies,  in  case  the  rent- 
charge  has  remained  unpaid  for  21  days  after  the  half-yearly 
day  fixed  for  payment.  And  seven  years  later  by  clause  4  of 
14  and  15  Vict.  c.  145,  when  a  tenant  who  has  undertaken  the 
payment  quits  without  having  done  so,  the  landlord  may  pay 
the  charge  and  recover  the  amount  from  his  late  tenant  as  if  it 
were  a  simple  contract  debt. 

1  Rex  V.    Commissioners    of    Nene  ^  S.  10. 

Outfall,  4  M.  and  R.  017.  ^  7  and  8  Vict.  c.  85,  s.  2-'. 

-  5  and  0  Vict.  c.  51,  s.  17. 


86  CLASSES   OF    EXEMPTIONS. — REAL   COMPOSITION. 


CHAPTER   X. 


The  history  of  tithe  law  shows  that  payment  of  tithes  has 
been  exempted  or  discharged  in  four  different  ways,  viz.,  by 

I.  (A)   Real  Composition,  or  by 

(B)   Prescription  de  Alodo  Decimandi. 

II.  General  prescription  de  non  decimando. 
HI.    Grant  or  Privilege. 

IV.  Unity  of  Possession. 
I.  (A)  Real  Cornjjosition.  A  Real  Composition  according 
to  the  old  law  books^  occurs  "  where  an  agreement  by  deed  or 
fine  is  made  between  the  parishioners  and  the  parson  or  vicar 
with  the  consent  of  the  patron  and  ordinary,  that  certain  lands 
shall  be  discharged  from  the  payment  of  tithes  in  consideration  of 
certain  land  or  other  real  recompense  for  ever."  A  Real  Com- 
positiofi  and  a  Modus  are  in  fact  the  same  things  in  nature  and 
substance,  differing  only  in  the  times  of  their  commencement. 
The  essence  of  the  former  is  that  it  has  been  made  within  the 
time  of  legal  memory,  i.e.  since  the  beginning  of  the  reign  of 
Richard  I.;  the  essence  of  the  latter  is  that  it  was  arrived  at 
before  the  time  of  legal  memory.  There  is  reason  to  believe 
that  the  practice  of  giving  land  as  a  real  satisfaction  for  tithes 
with  the  necessary  consents  existed  in  the  reigns  of  the  early 
Angevin  Kings.  Perhaps  the  first  7'ecorded  case  of  such  a  Real 
Composition  occurred  about  the  year  1236.     We  read  how  one 

1  Bishop  of  Winchester  case,  2  Eep.  43,  44,  45. 


IIKAL    COMPOSITION. — ANClKNl'    CASF.  87 

Sampson  Foliot*  brought  a  prohibition  against  Thomas,  parson 
of  Swindon,  "because  he   had   brought  a    suit    in    the    Court 
Christian  concerning  his  Sampson's  lay  fee  in  Drayeot,  etc.,  and 
the  defendant  pleaded  that  he  had  not  brought  the  suit  con- 
cerning a  lay  fee,  but  that  he  wishes  to  speak  the  truth  and  he 
declares  that  in  fact  he  sued  before  the  appointed  judges  for 
tithes  of  the  hay  of  a  certain  meadow  in  Walcot   within   his 
parish  of  Walcot,  and  he  seeks  for  nothing  in   the   parish  of 
Drayeot,  etc.    And  Sampson  replies  that  his  ancestors  in  former 
times  granted  two  acres  of  meadow  to  the  church  of  Drayeot  in 
lieu  of  the  tithe  of  hay  wdiich  the  said  Thomas 'sues  for,  and 
which  acres  in  the  same  meadow  the  same  church  still  has  and 
since  always  has  had,  wherefore  it  appears  that  the  said  Thomas 
sues  for  as  tithes  that  which  is  in  a  lay  fee  and  that  the  meadow 
from  which  the  said  Thomas  sues  for  as  tithes  is  in  Draicot  as 
the  writ  shows  and  not  in  Walcot,  etc."  (quare  secutus  est  in 
Curia  Christianitatis  de  laico  feodo  ipsius  Sampson  in  Draicot, 
&c."  and  the  defendant  pleaded  that  "  non  est  secutus  placitum 
de  laico  feodo  sed  verum  vult  dicere,  et  dicit  quod  revera  coram 
jiidicibus   delegatis  petiit  ab  eodem  decimas  feni  de   (piodam 
prato  in  Walcot  infra  parochiam  suam  de  Walcot,  &c.  et  nihil 
petat  in  parochia  de  Draicot,  &c.     Et  Sampson  dicit  quod  ante- 
cessores  sui  antiquitus  dederunt  duas  acras  prati  ecclesiaj  de 
Draicot,  pro  decima  feni  quam  pra^dictus  Thomas  petit,  et  in 
eodem  prato  quas  eadem  ecclesia  adhuc  habet  et  semper  hucus- 
que  habuit,  unde   videtur  quod  illud  quod  pra?dictiis  Thomas 
petit  decimas  est  in  laico  feodo,  et  quod  pratum  illud  de  quo 
idem  Thomas  petit  decimas  est  in  Draicot  sicut  breve  dicit,  et 
non  in  Walcot).     Whereupon  several  issues  being  joined  the 
jury  gave  the  following  verdict,  that  Thomas  pursued  his  plea 
"  in  the  Court  Christian  concerning  the  said  lay  fee  of  Sampson 
etc.  by  claiming  from  him  tithes  of  the  said  meadow  in  Drayeot 
fr(jm   which  his  ancestors  gave  to  the  church  of  Drayeot  two 
acres  in  lieu  of  tithe  of  hay  and  which  tithe  the  said  Thomas 
now  sties  for  and  which  acres  the  said  chnrch  still  has  and  since 
has   had"    (in    Curia    Christianitatis    de    laico    feodo    praedict' 
Sampson   isic.  pretendo  ab  eo  decimas  of  llic  said  meadow  of 

'  Midi.  2.-..  Hrii.  TIT.  Kot.  "). 


88  EFFECT   OF   DISABLING   STATUTE. 

Sampson  in  Draicot,  unde  antecessores  sui  dederunt  ecclesiae  de 
Draycot  duas  acras  prati  pro  decima  feni  quam  praedict'  Thomas 
modo  petit,  et  quas  eadem  ecclesia  adhuc  habet  et  semper 
hucusqiie  habuit).  Judgment  is  thereupon  given  for  the 
l^laintifF  in  the  prohibition  and  that  he  should  recover  tAventy 
marks  damages.  We  have  quoted  the  case  fully  not  only  on 
account  of  its  historic  interest  as  being  a  very  early  one  of  a 
E.eal  Composition,  but  also  as  showing  how  the  common  law 
courts  maintained  their  jurisdiction  in  matters  w^here  land  and 
title  came  in,  and  as  affording  an  instance  of  the  rule  that  they 
take  cognizance  to  the  ousting  of  the  ecclesiastical  courts  of 
cases  where  boundaries  of  parishes  are  tried.  Speaking  of  such 
compositions  Blackstone  says\  they  were  "permitted  by  law 
because  it  was  supposed  that  the  clergy  would  be  no  losers, 
since  the  consent  of  the  ordinary,  whose  duty  it  is  to  take  care 
of  the  Church  in  general — and  of  the  patron,  whose  interest  it 
is  to  protect  that  particular  Church — were  both  necessary  to 
render  the  composition  effectual :  and  hence  have  arisen  all 
such  compositions  as  exist  to  this  day,  by  force  of  the  common 
law.  But  experience  showing  that  even  this  caution  was  in- 
effectual and  the  possessions  of  the  Church  being,  by  this  and 
other  means,  every  day  diminished,  the  disabling  statute  13 
Eliz.  c.  10  was  made  which  prevents" — 1  Eliz.  c.  19  having 
done  so  in  the  case  of  Archbishops  and  Bishops — "  among  other 
spiritual  persons,  parsons  and  vicars  from  making  any  con- 
veyances of  the  estates  of  their  churches  other  than  for  three 
lives  or  twenty  one  years  l"  Compositions  real  then  are  those 
agreements  already  described  made  after  the  beginning  of  the 
reign  of  Richard  I.  and  before  the  year  1570,  when  the  right  to 
make  them  was  stopped  by  the  legislature.  Although  there 
are  dicta  that  a  composition  real  must  have  been  made  within 
the  time  of  legal  memory  there  is  no  absolute  necessity  for  so 
limiting  it  and  probably  what  was  originally  meant  was  that 
"they  may  and  not  that  they  must  have  originated  after  the 
time  of  legal  memory,  and  before  the  restraining  statutes^" 
When   a   real   composition   has  been   established    the  land  is 

1  Commentaries,  Vol.  iv.  p.  86.  ^  Shelford  on  Tithes,  p.  184. 

-  Ante,  p.  35. 


JURISDICTION    ASSUMED   BY    COURTS   OF   EQUITY.  S9 

discharged  for  ever  from  tithes  both  at  common  law  and  by  the 
statutes  82  Hen.  VIII.  c.  7,  and  2  and  3  Ed.  VI.  c.  13,  s.  4 ;  the 
latter  of  which  expressly  provides  that  no  person  shall  be  sued 
for  tithes  of  any  lands  that  are  discharged  by  composition 
real. 

In  order  to  prove  a  real  composition  the  courts  have  held 
that  a  deed  must  be  produced,  and  where  one  cannot  be  pro- 
duced some  evidence  must  be  given  referring  to  it,  and  showing 
that  it  did  exist  independent  of  mere  usage.  Baron  Wood 
appears  to  have  several  times  insisted  though  unsuccessfully' 
that  a  composition  deed  ought  to  be  presumed'  from  length 
of  usage  and  enjoyment,  and  Lord  Cottenham  seems  to  have 
held  the  same  opinion  ^  Two  reasons  have  been  given  for  the 
rule  of  law  stated  above,  viz.: 

(A)  Should  a  deed  be  presumed  any  bad  modus  might  be 
turned  into  a  good  composition*. 

(B)  The  presumption  would  run  counter  to  the  maxim 
"  nullum  tempus  occurrit  ecclesiaj'*." 

Real  compositions,  as  we  have  already  seen,  could  not  be 
tried  in  the  Court  Christian.  If  a  suit  were  entered  in  the 
latter  for  tithes  in  kind,  a  prohibition  would  issue  to  remove  it 
should  a  composition  be  pleaded ;  though  of  course  suits  for  the 
amount  of  the  composition  itself  could  be  brought  in  the 
ecclesiastical  courts. 

As  in  other  matters  well  known  to  the  student  of  our  legal 
history,  the  Court  of  Equity  exercising  its  jurisdiction  as  a 
Court  of  Con.science  took  upon  itself  to  over-ride  the  express 
enactments  of  the  legislature ;  so  with  regard  to  real  composi- 
tions in  many  cases  it  confirmed  them  though  made  since  the 
passing  of  the  disabling  statutes,  where  they  were  done  with 
the  consent  of  the  ordinary  and  patron  and  seemed  to  be  for 
the  benefit  of  the  Church.  However,  about  the  year  1780— 
although  an  analogous  case  had  been  decided  in  the  same  way 
in    17G5,  the   Court  of  Chancery  adopted   a  more  reasonable 

1  Bennet  v.  Skelllngton,  3  E.  and  Y.  =*  Hoathcote   v.    Mainwaring,    2   E. 

827.     Bennet  v.  Neale.  and  Y.  'dW\ 

■i  E.  and  Y.  6.%.    Ward  v.  Shepherd,  *  Ward  v.  Shepherd,  ibid.  71)5. 
3  E.  and  Y.  TJo. 


90  MODUS   DECIMANDI. 

r\\\e\  to  the  effect  that  a  decree  in  equity  confirming  an  agree- 
ment for  the  acceptance  of  land  for  tithe  made  since  the  13 
Eliz.  c.  10  was  not  binding  on  the  succeeding  incumbent. 
However  by  the  Modus  and  Exemptions  Act  of  1832^  it  was 
enacted  that  every  composition  for  tithes  which  had  theti  been 
made  or  confirmed  by  the  decree  of  a  court  of  equity  in  England, 
in  a  suit  to  which  the  ordinary,  patron  and  incumbent  were 
parties,  and  which  had  not  since  been  set  aside  or  departed 
from,  should  be  valid  in  law. 

We  have  already  observed  that  by  Inclosure  or  other  private 
Acts  of  Parliament,  many  permanent  compositions  for  tithes 
have  been  established,  and  we  may  add  that  the  rule  of  the 
restraining  statutes  applied  only  to  ecclesiastical  persons  or 
corporations,  for  lay  impropriators  have  full  power  to  enter  into 
what  compositions  they  please. 

(B)  Modus  Decimandi.  A  prescription  by  de  modo  deci- 
mandi,  or  commonly  a  "  modus  decimandi  is,"  says  Blackstone^ 
"where  there  is  by  custom  a  particular  manner  of  tithing  allowed, 
different  from  the  general  law  of  taking  tithes  in  kind,  which 
are  the  actual  tenth  part  of  the  annual  increase,"  as  for  instance 
two  pence  per  acre  for  the  tithe  of  land ;  or  it  may  be  a 
compensation  for  labour,  as  the  twelfth  hay-cock  in  considera- 
tion that  the  owner  makes  it  for  the  parson  ;  or  again  a  couple 
of  fowls  in  lieu  of  tithe  of  eggs.  In  short  any  means  by  which 
the  general  law  of  tithing  is  altered  and  a  new  method  estab- 
lished is  called  a  modus  decimandi.  It  has  been  long  a  rule 
of  law*  that  rights  founded  on  custom  or  prescription  must 
have  existed  from  time  whereof  the  memory  of  man  was  not  to 
the  contrary,  which  was  understood  not  merely  of  living  memory, 
for  if  there  were  sufficient  proof  by  any  record  or  writing  to  the 
contrary,  although  it  exceeded  the  memory  of  any  one  living  yet 
it  was  legally  within  the  memory  of  man.  This  period  called 
"legal  memory"  as  distinguished  from  the  memory  of  man 
or  living  memory  by  equitable  construction  of  the  Statute  of 
Westminster  I.  was  made  to  commence  from  the  first  year  of 

1  Jones  V.  Snow,  3  Gwill.  119'J,  and  ^  2  Black.  Comm.  2'J. 

3  E.  and  Y.  1291.  ^  Coke  Litt.  115  a. 

■^  2  and  3  Will.  IV.  c.  100,  s.  2. 


AXCIKNT   JURISDICTION    IN    MATTERS   OF    MODUS.  91 

the  reign  of  Richard  I.  a.d.  1189.  Accordingly  then  as  moduses 
are  either  customary  or  prescriptive  they  are  supposed  by  the 
law  to  have  commenced  before  the  year  1189,  and  are  in  fact 
real  compositions  arrived  at  before  that  date.  The  distinction 
however  between  them  is  shown,  in  that  a  modus  is  presumed 
to  have  commenced  by  deed,  but  it  is  not  necessary  to  produce 
that  deed,  inasmuch  as  after  a  constant  annual  payment  in  lieu 
of  tithes  from  time  immemorial  or  time  out  of  mind,  a  legal 
commencement  will  be  presumed  \ 

As  we  have  before  remarked  the  determination  of  questions 
of  modus  belonged  to  the  temporal  courts,  which  always  granted 
prohibitions  de  modo  decimandi  in  case  a  suit  for  tithes  had 
been  brought  in  the  spiritual  court,  and  a  modus-plea  set  up. 
The  latter  court  it  is  true  could  enforce  paj-ment  of  the  amount 
of  the  modus  (allowed)  for  it  is  expressly  stated  in  Circumspecte 
Agatis,  "and  if  a  Rector  sues  against  his  parishioners  for  offerings 
and  tithes  due  by  law  or  by  custom... the  spiritual  judge  has 
jurisdiction  notwithstanding  a  royal  prohibition"  (et  si  rector 
petat    versus    parochianos    oblationes    et   decimas   debitas   vel 

consuetas judex  ecclesiasticus  cognoscere  regia  prohibitione 

non  obstante).  Speaking  of  this  Act  Lord  Coke  remarks ^  that 
since  consuetas  is  used  modus  decimandi,  real  composition  or  by 
custom  or  prescription  is  established,  "  for  wo  have  decimas 
debitas  and  decimas  consuetas,  and  that  is  a  duty,  &c.,  in 
satisfaction  of  tithes  as  a  yearly  sum  of  money  or  other  duty... 
and  the  parson  may  sue  in  Court  Christian  and  is  warranted  by 
the  Act."  The  record  of  the  succeeding  ages  is  still  a  constant 
endeavour  on  the  part  of  the  Church  to  obtain  jurisdiction  for 
her  courts  over  the  right  of  tithes  and  the  customs  of  paying 
them. 

Even  in  the  early  part  of  the  reign  uf  James  I.  we  find 
a  determined  attempt  in  a  series  of  articles  by  Richard  Bancroft, 
Archbishop  of  Canterbury l  Upon  these  articles  all  the  judges 
and  barons  of  the  exchequer  drew  up  resolutions  which,  though 
they  were  never  made  part  of  the  law,  still  are  "  resolutions  of 
the  highest  authorities  in  law."     Speaking  of  the  action  of  the 

'  13  Rep.  13.  =*  Aiticuli   Cleri,   3   Jac.   Regis.     2 

2  2  ///.s-r  I'.tO.  lust.  (149. 


92  REQUISITES   OF   A   MODUS. 

clergy  in  attempting  "  to  work  in  the  spiritual  courts  more 
commodity  instead  of  being  content  with  what  was  usually 
paid,"  Answer  15  says,  "but  now  they  grow  so  troublesome  to 
their  neighbours,  as,  were  it  not  for  the  prohibition  (as  may 
appeare  by  the  presidents  before  remembred)  they  would  soone 
overthrow  all  prescriptions  and  compositions  that  are  for  tithes, 
which  doth  and  would  breed  such  a  garboile  amongst  the 
people  as  were  to  be  pitied  and  not  permitted.  And  where 
they  say  there  bee  many  statutes  that  take  away  these  proceed- 
ing from  the  temporall  courts,  they  are  much  deceived ;  and  if 
they  look  well  into  it,  they  shall  find  even  the  same  statutes 
(they  pretend)  to  give  way  to  it.  And  it  is  strange  they  will 
affirme  so  great  an  untruth,  as  to  say,  they  are  not  permitted  to 
traverse  the  suggestion  in  the  temporall  court,  for  both  the  law 
and  daily  practice  doth  allow  it  " 

As  in  the  case  of  a  composition  real  the  2  and  3  Edward  VI. 
c.  13  provides  that  no  person  shall  be  sued  for  tithes  of  lands 
which  "  by  any  privilege  or  proscription  are  not  chargeable." 

The  very  numerous  cases  respecting  moduses  that  fill  our 
reports  show  them  to  have  been  a  subject  of  unending  litigation. 
It  is  beyond  the  scope  of  this  Essay  to  enter  into  any  historical 
analysis  of  them,  we  shall  merely  note  as  briefly  as  possible  a 
few  of  the  leading  rules  which  the  courts  have  established.  In 
the  first  place  moduses  are  either  customary  or  prescriptive  \ 
A  customary  modus  is  one  which  extends  over  a  hundred,  parish, 
township,  or  hamlet,  and  so  covers  all  the  lands  in  the  district, 
but  which  exists  in  notion  of  law  independent  on  the  lands ; 
whilst  a  prescriptive  modus  is  confined  to  a  particular  farm  or 
quantity  of  land  and  so  can  no  more  exist  without  certainty  in 
the  lands  than  a  shadow  without  its  substance.  The  law  has 
established  many  distinctions  necessary  for  the  proof  of  these 
different  kinds  of  moduses  which  it  is  unnecessary  for  us  to 
enter  upon.  The  following  rules  appear  mostly  to  have  been 
established  by  the  end  of  the  16th  century  in  our  courts. 

(1)     A  modus  must  in  its  origin  have  been  beneficial  to  the 
parson  and  not   to   third   persons  only.     Thus  in    Elizabeth's 
reign  it  was  decided'^  that  a  modus  to  find  straw  for  the  body  of 
1  Degge,  3.>3— 4.  -  Scory  v.  Barber,  Gwill.  163. 


LEAPING    MODUS. — RANK   MODUS.  93 

the  church  was  invalid  because  the  parson  is  not  bound  to  find 
it ;  though  the  case  would  have  been  different  had  it  been  to 
find  straw  for  the  chancel. 

(2)  It  must  be  something  different  from  the  thing  com- 
pounded for'.  Thus  one  load  of  hay  in  lieu  of  all  tithe  hay  is 
not  a  good  modus  because  the  law  presumes  that  no  parson 
would  take  less  than  is  his  by  right  and  the  number  of  modus- 
cases  appears  to  confirm  this  view. 

(3)  It  must  be  something  as  certain  and  durable  as  the 
tithe  though  it  may  not  be  so  valuable,  or  in  legal  language  it 
m.ust  not  be  a  desultory  or  leaping  modus  as  that  could  not 
have  been  settled  from  time  immemorial.  The  leadinof  case 
upon  this  is  Startupp  v.  Dodderidge^  decided  in  the  year  17()G, 
which  more  particularly  refers  to  a  modus  regulated  by  the 
value  or  improved  yearly  rent  of  land.  In  this  it  was  decided 
that  a  custom  to  pay  25.  in  the  pound  of  this  true  improved 
yearly  rent  of  the  land  was  void,  not  only  on  the  ground  of 
uncertainty  but  also  that  the  lands  might  be  unlet,  underlet,  or 
overlet.  Here  we  come  upon  the  doctrine  of  rankness.  The 
same  case  is  a  leading  one  on  this  point  also.  It  finally- 
decided  that 

(4)  A  modus  must  not  be  too  large,  i.e.  a  rank-modus,  or 
variable,  as  if  the  tithes  be  worth  £60  per  annum  a  modus  of 
£40  cannot  be  established  though  one  of  40s.  might  be  good. 
The  reason  for  this  is  that  the  presumed  original  composition 
was  an  equitable  contract  in  which  the  full  value  of  the  tithes 
was  given  at  the  time  of  making.  The  time  of  making  is  taken 
as  we  have  said  as  being  prior  to  the  reign  of  Richard  I.,  and  it 
is  manifest  that  the  present  value  of  such  a  modus  greatly 
exceeds  the  value  of  the  tithe  at  that  period.  This  doctrine  is 
therefore  a  mere  rule  of  evidence  and  not  of  law  and  the  modus 
is  in  ])oint  of  evidence  felo  de  se  and  destroys  itself  'i'lic 
question  is  really  one  of  fact  to  be  tried  by  a  jury,  and  rankness 
is  only  evidence  against  the  immemoriality  of  the  payment. 
As  an  instance  of  a  modus  bad  through  rankness  we  may  take 
the  following  supposititious  case.     If  tlic  titlic-cliargc  ii|)(iii   (I 

'   Penrose  /•.  Shepherd,  1  E.  nvd  V.  -  11    Mod.    OO,    1    ]•;.    mid    Y.    DCl), 

44s.  Gwill.  r,H7. 


94  DISCHARGE   OF   MODUS. 

acres  of  meadow-land  amounts  in  a  year  to  18s.,  a  modus  of 
Is.  Qd.  an  acre  would  be  rank  because  since  a  modus  is  invari- 
able (generally)  Is.  Qd.  was  evidently  much  more  than  the 
value  of  the  tithe  a.t  the  beginning  of  the  reign  of  Richard  I. 
Distinctions  have  it  is  true  arisen  on  the  question  of  rankness 
between  farm  payments  and  those  for  particular  species  of 
produce,  but  it  is  unnecessary  for  us  to  touch  upon  them  here. 
On  the  question  of  variability  the  cases  generally  refer  to  tithes 
of  occupied  houses.  Thus  in  Elizabeth's  reign  the  court  decided 
against  a  modus'  by  which  time  out  of  mind  the  occupiers  of 
farm  houses  on  one  side  of  a  road  had  paid  Sd.  a  year,  and  those 
on  the  other  side  2d.  The  reason  for  this  is  that  houses  may 
become  uninhabitable  through  decay,  &c.,  and  so  the  payment 
would  cease.  The  argument  however  did  not  apply  to  a  modus 
to  be  paid  by  the  inhabitant  householders  within  a  town  or 
village",  as  it  is  not  to  be  contemplated  that  a  town  or  village 
could  ever  be  wholly  without  inhabitants.  The  above  at  least 
seems  to  be  the  distinction  deducible  from  the  cases. 

(5)  A  modus  for  one  species  of  titheable  subjects  does  not 
discharge  payment  of  tithes  in  full  of  another  species^  This 
rule  though  decided  by  the  judges  in  Elizabeth's  reign  is 
confirmed  by  the  leading  case  already  mentioned*.  Thus  a 
modus  of  one  penny  for  every  milch  cow  will  discharge  the  tithe 
of  milk  kine  but  not  of  barren  cattle. 

A  modus  may  in  several  ways  be  discharged  and  the  tithes 
again  become  payable  in  kind,  as  for  instance  by  the  removal, 
alteration  or  destruction  of  the  thing  for  which  it  was  paid®,  e.g. 
a  modus  for  hay  or  grass  is  destroyed  or  rather  suspended  when 
the  land  is  converted  into  hop-gardens,  though  it  will  revive 
should  the  lands  be  again  cultivated  for  hay.  It  is  also  said® 
that  it  may  be  lost  by  frequent  payment  of  tithes  in  specie,  but 
the  following  case  decided  by  the  Judges  about  1601  seems  to 
point  the  other  way'.  In  a  prohibition  between  Nowell  and 
Hicks,  vicar  of  Edmonton,  the  plaintiff  alleged  a  custom,  time 

1  Perry  v.  Soam,  1  E.  and  Y.  96.  *  Startnppi'.Dodderidge,  ante,  p.  93. 

2  Bennet    v.    Bead,     Gwill.     1272.  ■'  1  EoU.  Abr.  651,  1.  35. 
Travis  v.  Oxtan,  ib.  1066.  «  Com.  Dig.  Dismes  (E.  20). 

^  Grysman  v.  Lewis,  Cro.  Eli?;.  44fi.  "  2  Inat.  653. 


NEW    PRINCIPLE    OF   THE    MODUS    ACT.  95 

out  of  mind,  of  parang  one  penny  for  every  lamb.  The  jury 
found  that  before  the  twenty  years  last  past  thei-e  was  such  a 
custom,  a  modus  decimandi :  but  in  the  last  20  years,  by  reason 
of  suits  and  troubles,  the  inhabitants  had  paid  lambs  in  kind. 
The  judges  held  that': 

(1)  "  When  a  custom  doth  create  an  inheritance  this  cannot 
be  waived  or  adnulled  by  payment  or  other  matter  in  pais ; 

(2)  Albeit  that  the  modus  had  not  been  yielded  or  pay'd 
for  20  years,  yet  the  prescription  may  be  general  and  that  the 
custom  once  established  doth  continue." 

Under  the  provisions  of  a  late  statute  all  persons  may  in 
certain  cases  claim  exemption  from  tithes,  in  respect  of  long 
usage,  that  is  when  the  usage  can  be  shown  to  have  lasted  for  a 
certain  period  of  time.  This  is  a  principle  entirely  new  to  the 
common  law,  which  never  recognised  a  modus  that  had  not 
existed  immemorial ly,  and  allowed  no  total  discharge  from 
tithes  by  force  of  any  custom  or  prescription  whatever — except 
in  the  case  of  spiritual  persons — thus  maintaining  inviolable  the 
old  maxim^  "  modus  de  non  decimando  non  valet."  The 
statute  which  introduced  this  new  principle  was  passed  in 
1832^  (amended  a  year  after*),  in  which  it  is  provided  that^ 
when  tithe  is  demanded  by  any  lay  person  not  being  a  corpora- 
tion sole,  or  by  any  corporation  aggregate,  any  modus  or  total 
discharge  set  up  in  answer  to  such  claim  shall  be  deemed  valid, 
upon  evidence  showing  an  usage  in  support  of  it  for  thirty 
years ;  unless  it  can  be  met  by  evidence  that  such  usage  has 
been  by  virtue  of  some  agreement  in  writing ;  or  that  before  the 
thirty  years  the  usage  was  different.  And  that  a  modus  or 
discharge  so  set  up  in  answer  shall  be  deemed  indefeasible, 
upon  evidence  showing  an  usage  for  as  much  as  (JO  years  in 
support  of  it ;  unless  it  be  proved  to  have  been  by  virtue  of 
some  agreement  in  writing.  And  further,  that  when  tithe  is 
demanded  by  any  bishop,  parson,  or  other  corporation  sole 
(spiritual  or  temporal),  any  claim  of  modus  in  discharge  shall  be 
valid  and  indefeasible,  upon  evidence  of  usage  duiing  the  whole 

1  43  and  44  Eliz.  *  (.3  and  4  Will.  IV.  c.  HH.) 

a  Wright  v.  Wright.  '  S.  1. 

:'   2  aii.l  :j  Will.  IV.   <•.   1(10. 


!)G  DE  NON   DECIMANDO. 

time  that  two  persons  in  succession  shall  have  held  the  benefice 
or  office,  and  for  3  years  after  the  institution  or  appointment  of 
a  third  person  thereto ;  unless  it  shall  be  proved  that  such 
usage  was  by  some  agreement  in  writing.  Provided  however 
that^  if  the  whole  time  of  the  holding  of  such  two  persons  shall 
be  less  than  GO  years,  then  it  shall  be  necessary  to  show  such 
usage  not  only  during  the  whole  of  such  time,  but  also  during 
such  further  period  as  shall  with  such  time  make  up  the  full 
period  of  60  years  and  the  further  period  of  3  years  aforesaid. 

II.  De  JS^on  Decimando.  A  custom  or  prescription  De 
Non  Decimando  is  to  be  discharged  absolutely  of  tithes  and  to 
pay  nothing  in  lieu  thereof  It  has  always  been  the  rule  of  the 
common  law — in  accordance  with  the  maxim,  "  ecclesia  decimas 
non  solvit  ecclesiae" — that  all  ecclesiastical  and  spiritual  persons 
and  bodies,  as  bishops,  abbots,  priors,  deans  and  chapters, 
parsons  and  vicars,  and  the  king  as  being  a  persona  mixta,  are 
capable  of  prescribing  in  non  decimando  without  being  required 
to  give  any  positive  proof  of  the  origin  of  the  discharge,  or  to 
adduce  any  other  evidence  of  title  than  usage  and  enjoyment 
from  time  immemorial.  But  a  layman  cannot  prescribe  in  non 
decimando,  not  even  lessees  of  the  ancient  demesnes  of  the 
crown^  unless  he  derives  it  from  a  spiritual  person,  as  for 
example  in  the  case  of  the  lands  in  the  hands  of  laymen  which 
belonged  to  the  religious  houses  dissolved  by  Hen.  VIII.  As 
examples  of  prescription  in  non  decimando  we  may  take  the 
following.  A  bishop  may  prescribe  that  he  and  all  his  prede- 
cessors seised  of  a  certain  manor  in  right  of  his  bishopric  have 
held  the  manor  by  them  and  their  tenants  discharged  of  tithes, 
and  it  was  decided  in  Elizabeth's  reign  ^  that  copyholders  of 
inheritance  of  a  spiritual  person  may  have  a  similar  prescription, 
for  the  court  will  presume  that  the  tithes  were  discharged 
before  the  creation  of  the  copyholds.  Attempts  have  been 
made  in  the  courts*  to  uphold  a  prescription  for  the  lords  of 
manors  to  pay  certain  sums  of  money  to  the  parson  in  lieu 
of  tithes  and  for  them  to  take  the   tithes  themselves.     The 

1  t^   1_  *  Pigot  r.  Heron,  1  E.  and  Y.  135. 

'-!  1  Cro.  511.  Pigot  V.  Simpson,  ib.  148. 

::  1  E.  and  Y.  140. 


THE   PRIVILEGED   ORDERS.  97 

authority  however  is  very  strong  against  such  prescriptions'; 
for  if  it  could  be  legally  done  it  would  make  the  right  to  tithes 
assignable  from  one  layman  to  another,  and  would  make  a 
layman  capable  of  tithes  in  gross.  The  old  law  books  state  that 
though  a  parish  or  particular  hamlet  cannot  prescribe  in  non 
decimando,  yet  a  county,  wild,  or  hundred,  or  any  well-ascer- 
tained district,  may  have  such  a  privilege  for  things  titJieable  by 
ciLstom.  It  is  even  stated  positively  by  Lord  Coke  in  the 
Second  Institute "  that  a  county  may  prescribe  to  be  quit  of  any 
othei^  tithe. 

It  must  be  remembered  that  where  cases  concerning  pro- 
scriptions in  non  decimando  could  be  brought  within  the  Modus 
Act*  and  its  Amendment,  its  terms  would  apply*. 

III.  Grant  or  Privilege.  Lands  may  be  totally  discharged 
from  the  payment  of  tithes  by  privilege  or  by  Act  of  Parliament. 
All  abbots,  priors,  and  other  heads  of  monastic  houses  were 
originally  subject  to  the  payment  of  tithes,  until  Pope  Paschal 
II.  exempted  the  religious  houses  from  paying  them  in  respect 
of  lands  in  their  respective  possession,  or  as  it  was  expressed, 
"  quam  diu  propriis  manibus  excoluntur^"  About  the  year 
1160,  Pope  Adrian  IV.  limited  this  exemption  to  the  three 
orders — known  generally  as  the  privileged  orders — of  Cister- 
cians, Templars  and  Hospitallers,  in  respect  of  lands  that  were 
then  in  their  own  management.  This  privilege  was  confirmed 
by  the  canons  of  the  last  General  Council  of  Lateran  held  in 
the  year  1215,  and  was  allowed  by  the  general  consent  of  the 
realm  as  part  of  the  law  of  the  land*';  but  it  extended  only  to 
lands  which  they  had  before  the  date  of  the  council.  Lord 
Coke  informs  US'"  that  Pope  Innocent  III.  by  his  bull  discharged 
the  Premonstratenses  from  payment  of  tithes  of  such  lands  as 
were  of  their  own  manurance,  but  the  cases  decided  in  the 
courts*  go  to  show  that  the  privilege  did  not  extend  to  this 

'  Phillips  V.  Prytherick,  3  E.  and  Y.  "2  Inst.  652. 

1273.    Knight  i;.  Marquis  of  Waterford,  ''Ibid. 

4  Y.  and  Coll.  328.  "  Dickenson  v.  Grccnhill,  1  E.  and 

2  (545_  (jio   Oil.  Y.  332.    Bradshawr.  Clifton,  3  E.  and 

^  2  and  3  Will.  IV.  c.  100.  Y.  1231.   Townley  v.  Tomlinson,  Gwill. 

4  3  and  4  Will.  IV.  c.  27.  1001. 

»  2  Rep.  44  b. 

Y.  E.  7 


98  PAPAL    BULLS   OF    EXEMPTION    AND   PRAEMUNIRE. 

order,  and  consequently  a  title  to  hold  lands  discharged  from 
the  payment  of  tithes  either  absolutely  or  while  in  the  manur- 
ance  of  the  owners  of  the  inheritance  cannot  be  derived  under 
that  order.  After  the  passing  of  the  statute  De  Viris  Religiosis 
in  1279,  which  gave  a  terrible  blow  to  the  monastic  bodies,  the 
privileged  orders  endeavoured  to  obtain  by  purchase  or  other- 
wise bvills  of  exemption  from  tithes  from  the  Pope  for  their 
lands  let  to  farmers,  and  also  for  the  lands  acquired  by  them 
since  the  time  of  the  above-mentioned  Council  of  Lateran. 
These  bulls  having  the  force  of  law  by  the  Canon  Law  were 
allowed  in  actions  for  tithes  which,  as  we  have  already  shown, 
were  brought  in  the  spiritual  courts.  However  in  the  year  1400 
this  method  of  evasion  was  put  a  stop  to  by  the  2  Hen.  IV.  c.  4, 
which  subjected  not  only  Cistercians,  but  all  other  religious  and 
secular  bodies  which  put  any  bulls  in  execution  for  discharge  of 
tithes  of  their  lands,  to  the  danger  of  a  praemunire.  The 
Statute  of  Praemunire  \  which  was  passed  in  A.D.  1393,  as  a 
supplement  to  that  of  Provisors  which  had  stopped  appeals  to 
the  Court  of  Rome,  rendered  persons  or  bodies  who  put  papal 
bulls,  excommunications,  &c.,  in  execution,  in  causes  whereof 
the  cognisance  belonged  to  the  King's  Courts,  liable  to  for- 
feiture of  their  lands  and  goods,  and  also  to  imprisonment. 
The  Act  of  Henry  IV.,  it  will  be  noticed,  created  only  a  penalty 
for  using  such  papal  instruments,  which  were  not  made  void  and 
of  none  effect  till  the  time  of  the  dissolution  of  the  monasteries, 
when  this  was  done  by  the  28  Hen.  VIII.  c.  16.  The  effect  of 
the  dissolving  statutes  on  the  lands  of  the  privileged  orders 
will  be  considered  presently.  We  must  however  remark  that 
the  object  for  which  the  Templars'  order  had  been  called  into 
existence  having  ceased  the  order  was  dissolved  in  the  reign  of 
Edward  II.,  and  their  lands  were  given  to  the  prior  of  the 
Hospital  of  St  John  of  Jerusalem. 

IV.  Unity  of  Possession.  Lands  might  have  been  dis- 
charged from  tithes  by  Unity  of  Possession,  as  when  the  rectory 
of  a  parish  and  lands  in  the  same  parish  both  belonged  to  a 
religious  house,  but  only  whilst  such  unity  of  possession  con- 
tinued.    The  requisites   for  such   exemption  which    were  laid 

1  16  Rich.  II.  c.  5. 


UNITY  OF  POSSESSION. —  EXEMPTIONS  UNDER  HEN.  VIIl's  ACTS.     99 

down  ill  the  Archbishop  of  Canterbury's  Case,  decided  in  the 
38th  year  of  Elizabeth  and  in  a  few  other  cases,  were  as  follows: 

(A)  The  union  must  have  been  founded  upon  legal  title ; 

(B)  And  equal  with  respect  to  the  quantity  of  estate ; 

(G)  The  lands  must  have  been  free  from  the  payment  of 
any  tithes  in  any  manner,  and  freedom  and  possession  must 
have  existed  immeinorially  and  must  not  be  presumed*. 

The  exemptions  enjoyed  by  lands  belonging  to  religious 
houses  under  the  above-mentioned  circumstances  being  personal 
would  have  fallen  "with  the  houses  at  the  dissolution  and  the  lands 
become  again  titheable  had  not  they  been  supported  and 
continued  by  Act  of  Parliament.  The  statute  31  Hen.  VIII.  c. 
13,  s.  121,  in  dissolving  the  Greater  Abbeys  declared  that  the 
king  and  his  patentees,  or  all  and  every  other  person,  their 
•  heirs  and  assigns,  who  had  or  should  have  any  lands  &c.  belong- 
ing to  the  monasteries  and  other  houses  should  keep  and  enjoy 
them,  discharged  of  the  payment  of  tithes  in  as  large  and  ample 
a  manner  as  the  abbots,  priors,  &c.,  enjoyed  the  same  at  the 
day  of  their  dissolution.  The  Act  which  dissolved  the  smaller 
monasteries ^  i.e.  those  of  or  under  the  annual  value  of  £200, 
did  not  contain  any  such  clause,  so  that  it  is  usual  to  speak  of 
the  exemption  as  confined  to  the  greater  monasteries.  But  it 
must  be  remarked  that  the  31  Hen.  VIII.  c.  13,  comprehended 
all  monasteries  which  were  dissolved  after  February  lo35  (27 
Hen.  VIII.),  so  that  the  lands  of  those  smaller  abbej^s  which 
were  surrendered  to  the  king  subsequent  to  the  4th  February 
1535,  come  within  the  operation  of  the  section  of  the  Act  that 
relates  to  discharge.  The  27  Hen,  VIII.  c.  28,  had  provided 
that  notwithstanding  that  Act  the  king  might  continue  any  of  the 
said  monasteries,  which  he  did  in  some  cases,  but  which  were 
dissolved  by  the  Act  which  dissolved  the  large  monasteries^ 
By  virtue  of  the  statute  31  Hen.  VIII.  c.  13,  s.  21,  the  owner 
of  abbey  lands  was  discharged  from  tithes  if  he  could  show  that 
at  the  time  of  the  dissolution  there  had  been  an  unity  of 
po.ssession  with  the  requisites  above  mentioned.  To  sum  up, 
then,  we  may  state  that  to  establish  a  claim  to  exemption : 


»  Lamprey  v.  Rooke,  Gwill.  859.  ='  Wood's  Inxt.  IHU. 

•-'  27  Hen.  VIII.  c.  2H. 


7—2 


100  EXEMPTIONS   OF   THE   PRIVILEGED   ORDERS. 

(A)  The  lands  must  have  belonged  to  one  of  the  greater 
monasteries,  or  of  the  smaller  if  they  came  under  the  statute ; 
and 

{B)  They  must  have  been  held  by  the  monastery  discharged 
of  the  payment  of  tithes  at  the  time  of  the  dissolution. 

Lands  so  exempted  under  the  statute  have  been  held  free 
from  tithes \  although  they  had  been  paid  ever  since  the  Act ; 
and  even  where  land  which  had  formed  part  of  the  possessions 
of  an  abbey  as  a  fish-pool  had  been  drained  and  cultivated,  it 
was  held  that  the  discharge  from  tithes  remained. 

Similar  to  exemptions  derived  from  unity  of  possession  those 
of  the  privileged  orders  would  have  been  determined  by  the 
dissolution  of  the  spiritual  body  to  which  they  were  annexed, 
but  for  the  provision  in  the  31  Hen.  VIII.  c.  13,  which  also 
continued  them.  But  at  the  time  of  the  dissolution  there  were 
only  two  privileged  orders,  viz.  the  Cistercians  and  Hospitallers, 
the  Templars  having  been  dissolved  years  before,  and  their 
lands  given  to  the  Hospital  of  St  John  of  Jerusalem.  There 
was  some  difference  of  opinion  as  to  whether  the  lands  of  the 
latter  body  which  came  to  the  Crown  by  82  Hen.  VIII.  c.  24, 
were  entitled  to  the  benefit  of  the  protection  contained  in  81 
Hen.  VIII.  c.  13.  But  it  was  settled  in  James  I.'s  reign,  in  the 
case  of  Cornwallis  v.  Sparling*,  that  they  were. 

It  was  formerly  held  that  the  exemption  from  pa3dng 
tithes  applied  only  to  those  who  had  an  estate  of  inheritance 
in  the  land,  and  not  to  tenants  for  life^;  but  this  was  overruled 
in  the  year  1799,  and  a  tenant  for  life  under  a  settlement  was 
held  entitled  to  the  exemption.  The  case  was  Hett  v.  Mead*, 
and  it  was  objected  that  a  tenant  for  life  of  lands  formerly 
belonging  to  the  Cistercian  order,  and  exempt  from  tithes  of 
lands  in  the  manurance  of  the  owner,  had  not  such  an  interest 
in  him  as  would  support  the  privilege ;  for  that  to  entitle  the 
lands  to  the  exemption,  the  owner  must  be  the  absolute  owner, 
and  have  the  same  estate  as  the  monastery  had.  It  was  held 
that  there  would  be  no  reason  why  the  estate  for  life  and  all  other 

^  Earl  of  Clanricarde  v.  Lady  Den-  ^  Wilson    v.   Redman,   E.  and    Y 

ton,  1  E.  and  Y.  306.  430. 

2  Gwill.  224.  4  Gwill.  1515  and  3  E.  and  Y.  1384. 


PRIVILEGED  ORDERS  DISCHARGED  BY  COMPOSITION.        101 

component  parts  of  the  estate  should  not  be  exempt  as  they 
came  into  possession,  and  the  Court  unanimously  decreed  that 
the  tenant  for  life  was  exempt.  It  seems,  however,  that  a  mere 
common  lessee  would  not  be  discharged,  because  he  does  not 
hold  a  kindred  estate  to  that  which  the  abbeys  had  done. 

An  exemption  derived  from  the  fact  of  lands  having  belonged 
to  a  privileged  order  does  not  rest  on  prescription.  The 
claimant  must  therefore  show'  that  the  monastery  was  seised  of 
the  lands  before  the  year  1215,  and  also  at  the  time  of  the 
dissolution ;  and  as  in  the  case  of  other  monastic  lands  exempt 
under  statute,  proof  of  payment  of  tithes  by  the  owners  of  the 
lands  will  not  affect  the  continuation  of  the  privilege"''. 

It  must  not  be  concluded  that  the  privileged  orders  were 
incapable,  in  consequence  of  their  privilege,  from  being  dis- 
charged by  real  composition  or  prescription.  There  has  been, 
how-ever,  some  difference  of  opinion,  but  now  the  general  opinion 
is^  that  they  were  as  capable  as  every  other  order  or  individual. 
Their  privilege  could  not  deprive  them  of  a  right  which  they 
had  in  common  with  others,  otherwise  that  which  was  called  a 
privilege  would  have  been  a  disqualification  and  not  an  advan- 
tage. A  common  notion  has  prevailed  that  all  lands  which 
happen  to  have  belonged  to  dissolved  monasteries  were  dis- 
charged from  tithes,  but,  as  we  have  seen,  the  law  was  that 
they  were  as  liable  as  any  other  lands  unless  a  legal  exemption 
could  be  shown.  Thus  the  greater  part  of  the  possessions  of 
the  smaller  monasteries,  the  Colleges,  Chantries  and  Free 
Chapels  given  to  the  Crown  by  statute  1  Ed.  VI.  were  not 
entitled  to  exemption  unless  discharge  could  be  proved  by  the 
other  legal  means.  This  explains  the  fact  that  in  our  day  one 
piece  of  land  may  pay  no  tithe  whilst  the  adjoining  field  is 
titheable. 

By  section  4)4  of  the  Commutation  Act  any  modus,  com- 
position real  and  customary  payment  instead  of  tithes  were  to 
be  taken  at  their  actual  amount  and  added  to  the  value  of  thr 
other  tithes,  the  only  difference  being  that  such  payments  were 

1  Norton   v.   Hamnioud,   1   Y.   aud       Y.  118. 

Jerv.  94.  "'  Donnison  v.  Elslcy,  i  E.  ami  Y. 

2  Stavcly  r.    Ullithorue,    1    E.  aud       1393. 


102  THE   COMMUTATION   ACT   AND    EXEMPTIONS. 

for  the  future  converted  into  rent-charges  varying  with  the 
price  of  corn.  Disputes  as  to  the  amount,  or  existence  of  the 
modus,  &c.  could  be  determined  by  the  Tithe  Commissioners \ 
subject  to  an  appeal  to  a  court  of  law  on  an  issue  or  special 
case,  should  the  yearly  payment  in  dispute  exceed  the  value  of 
£20.  When  lands  were  exempted  by  reason  of  privilege  or 
where  the  tithes  might  be  considered  as  suspended,  as  in  the  case 
of  glebe  or  barren  lands,  a  certain  portion  of  the  rent-charge 
was  allotted  to  each^  if  they  had  been  included  in  the  valuation. 
The  lands  of  privileged  orders  would  only  become  liable  to  the 
portion  fixed  on  them  when  they  lost  the  benefit  of  their  privi- 
lege by  not  being  in  the  manurance  of  their  owners.  Glebe 
land  belonging  to  one  parson  situate  in  the  parish  of  another^ 
was  always  liable  to  tithes  unless  a  prescription  in  non  deci- 
mando  had  been  established.  Such  lands  were  then  liable  to 
the  rent-charge  under  the  Commutation  Act,  and  when  in  the 
occupation  of  the  tithe-owner  would  only  be  exempt.  Barren 
lands*  become  liable  to  the  portion  of  the  rent-charge  fixed 
upon  them  at  the  expiration  of  seven  years  after  they  were 
brought  into  cultivation. 

1  SS.  45,  40.  3  ss.  67  and  71. 

2  S.  21.  *  S.  G7. 


TITHES   IX    THE   CITY    AND    LIBERTIES   OF    LONDON.        103 


CHAPTER   XL 


Houses  as  such  have  never  in  law  been  liable  for  the  pay- 
ment of  tithes,  yet  in  the  City  and  Liberties  of  London  they 
form  a  notable  exception  to  this  rule.  Tithes  are  there  paid  by 
all  persons  liable  in  law  to  the  relief  of  the  poor.  The  growth 
of  this  practice,  from  originally  a  purely  voluntary  offering  into 
a  right  by  custom,  demandable  by  the  parsons  of  its  parishes, 
and  finally  confirmed  and  regulated  by  Acts  of  Parliament,  was 
briefly  somewhat  as  follows. 

Prior  to  the  year  1228*  no  tithes  as  tithes  were  paid  in  the 
City,  but  the  clergy  were  maintained  by  an  offering  on  each 
Sunday  and  Apostle's  day  of  a  farthing  for  every  10s.  of  rent. 
There  is  evidence,  however^  that  in  one  of  the  Liberties,  viz. 
that  of  St  Martin's-le-Grand,  tithes  as  such  were  paid  before 
that  date,  but  this  appears  to  have  been  a  notable  exception. 
"The  fifty-two  farthings,"  Selden  says,  "so  yearly  paid  on 
Sundaies  only,  came  so  neere  to  the  just  tenth  of  the  rent,  that 
they  were  thought  on  as  a  Tithe  paid  ;  the  other  " — that  is  on 
the  Apostles'  days — "being  reputed  rather  by  the  name  of 
Offerings."  Whether  to  confirm  these  customary  payments  or 
because  they  had  been  found  to  decrease,  it  appears  clear  that 
in  the  year  1228  the  then  Bishoj)  of  London,  Roger  Niger, 
made  an  ordinance  that  every  occupier  of  a  house  should  offer 

•  Selden,  244—5.  Selden,  245. 

^  Grant's     Case,    lieports,    11    fol. 


104      ORDINANCE  OF  BISHOP  NIGER. — ACTS  OF  HENRY  VIII. 

as  his  tithe  ^d.  for  205.  a  year  rental,  and  ^d.  for  10s.  a  year 
rental,  for  every  Sunday  and  every  Apostle's  day  whereof  the 
eve  was  fasted.  "  By  an  ancient  Ordinance  in  the  said  City 
they  are  bound,  on  every  Sunday  and  on  the  principal  Feast 
Days  both  of  the  Holy  Apostles  and  of  others  whose  Eves  are 
fasted,  to  pay  one  farthing  for  every  ten  shillings  of  rent  of  the 
house  which  they  occupy."  ("  Ex  Ordinatione  antiqua,"  says 
Lindwood\  "in  dicta  Civitate,  tenentur,  singulis  Dominicis 
diebus  et  in  principalibus  Festis  et  Sanctorum  Apostolorum  et 
Aliorum  quorum  Vigilise  jejunantur  offerre  pro  singulis  X. 
solidis  redditus  domus  quam  inhabitant  unum  quadrentum.") 
Taking  the  Apostles'  days  at  eight  the  annual  amount  paid  for 
20s.  rent  would  be  2s.  Qd.  and  for  10s.  rent  Is.  Sd.  In  accord- 
ance with  this  ordinance  such  tithes  were  paid  by  the  citizens 
of  London  till  the  year  1389,  when  Thomas  Arundel,  Archbishop 
of  Canterbury,  made  an  attempt  to  increase  the  number  of 
Apostles'  days  by  adding  twenty-two  more  saints'  days,  thus 
increasing  the  tithe  payments  to  3s.  5d.  a  year.  Constant 
quarrels  between  the  citizens  and  their  clergy  followed  this 
arbitrary  interference,  but  the  archbishop  appears  to  have 
gained  his  point,  as  it  was  confirmed  by  Pope  Innocent  VII.  in 
1403.  In  the  records  of  the  Common  CounciP  fifty  years  later 
there  appears  a  protest  against  this  increased  payment,  but 
there  seems  to  be  no  doubt  that  it  was  enforced  by  the  eccle- 
siastical courts. 

In  this  state  the  matter  remained  till  the  year  1535,  when 
an  Act  of  Parliament^  was  passed,  authorising  the  citizens  of 
London  to  pay  their  tithes  at  a  rate  of  2s.  9d.  in  the  pound. 
Ten  years  later  another  Act*  was  passed,  in  which  it  was 
enacted  "  that  the  citizens  and  inhabitants  of  London  and  the 
liberties  of  the  same  shall  yearly  without  fraud  or  covin  for 
ever  pay  their  tithes  to  the  parsons,  vicars,  curates,  of  the  said 
city  and  their  successors  for  the  time  being,  after  the  following 
rate :  For  every  10s.  rent  by  the  year  of  all  houses,  shops,  ware- 
houses, cellars,  stables,  &c.  within  the  City  and  Liberty  16jd; 
and  for  every  20s.  rent  by  the  year  2s.  9d.;  and  so  above  the 

1  Selden,  244.  3  27  Hen.  VIH.  c.  21. 

2  Letter-Book  K.  32  Hen.  IH.  ■»  37  Hen.  VIII.  c.  12. 


ACTS   OF   CUAKLES   II.    AFTER   THE   GREAT    FIRE.  105 

rent  of  205.  ascending  from  IO5.  to  10s.  according  to  the  rate 
aforesaid."  Further,  if  no  rent  were  reserved  the  tithe  should 
be  paid  according  to  what  the  house  had  been  last  let  for. 
Provided  however  that  where  a  less  sum  than  2s.  9d  in  the 
pound  hath  been  accustomed  to  be  paid  in  such  cases  the 
former  custom  shall  continue.  After  the  Great  Fire  of  1666,  in 
consequence  of  the  confusion  necessary  upon  the  alteration  of 
houses  and  streets,  an  Act  of  Parliament^  was  passed  by  which 
it  was  intended  to  reduce  the  tithing  of  the  City  to  "  certainty." 
Fifty-one  parishes  are  there  named,  and  amounts  allotted  op- 
posite their  names,  varying  from  £200  per  annum,  the  greatest 
income  of  Rectors,  to  £100  the  loAvest,  over  and  above  per- 
quisites, gifts,  &c.,  which  sums  of  money  were  to  be  paid  in  lieu 
of  tithes^  in  the  respective  parishes  and  which  should  be  taken 
to  all  intents  and  purposes  to  be  the  respective  annual  main- 
tenance of  the  parsons,  vicars,  &c.  of  the  parishes.  The  money 
was  to  be  levied  by  rate  and  assessment  on  the  inhabitants 
made  by  the  Aldermen  of  the  several  Wards,  Common  Council- 
men  and  Churchwardens.  In  case  of  refusal  or  non-payment 
the  Lord  Mayor  should  issue  his  warrant  of  distress,  and  if  he 
refused  to  do  so  the  Lord  Chancellor  or  Keeper  of  the  Great 
Seal,  or  any  two  or  more  of  the  barons  of  the  Exchequer,  should 
issue  warrants  of  distress.  In  the  parishes  where  there  were 
impropriations,  the  impropriators  were  to  pay  and  allow  what 
they  formerly  used  and  ought  to  pay  to  their  several  incum- 
bents. No  court  or  judge  ecclesiastical  or  temporal  was  to  have 
any  cognisance  of  any  dispute  relating  to  the  sums  due  in  lieu 
of  the  tithes  except  those  mentioned  in  the  Act. 

It  must  be  remarked  that  the  inhabitants  of  those  parishes 
within  the  City  and  Liberties  which  were  not  destroyed  by  the 
fire  continued  under  the  old  system.  The  general  Acts  of 
Parliament  referring  to  tithes  which  have  been  passed  since  the 
reign  of  Henry  VIII.  always  exclude  tithes  of  the  City  of 
London  and  Liberties  from  their  operation,  and  this  is  also  done 
by  the  90th  section  of  the  first  Commutation  Act"'. 

During  late  years,  in   consequence   of  numerous   disputes 

1  22  and  23  Car.  II.  c.  15.  »  G  and  7  Will.  IV.  c.  71. 

2  S.  3. 


106  ACTS   OF    PARLIAMENT   FOR   CERTAIN    PARISHES. 

various   Acts   of  Parliament   have   been   passed  dealing  with 
certain  of  the  parishes. 

(i)  By  the  Christ  Church  (City)  Tithe  Act  of  1879  \  the 
Hospital  of  St  Bartholomew,  which  had  been  founded  and 
endowed  by  Henry  VIH.  with  the  impropriate  rectory  and 
tithes  of  the  parish  of  Christ  Church,  was  to  receive  £1800  in 
lieu  of  tithes,  which  sum  was  to  be  levied  and  collected  from 
persons  by  law  rateable  to  the  poor  in  the  parish.  Tithes  in 
arrear  could  be  recoverable  by  distress  in  the  same  way  as 
under  the  Commutation  Act.  The  Governors  of  the  Hospital 
were  also  empowered,  if  they  thought  fit,  to  pay  the  Vicar  of 
Christ  Church  £150  a  year  instead  of  the  £40  already  paid. 

(2)  The  City  of  London  Tithes  Act'  of  1879  provides  for 
the  commutation  of  tithes  in  certain  parishes  and  for  the 
redemption  of  rent-charges  charged  upon  lands  under  the  Act. 

(3)  In  the  parish  of  St  Botolph-without-Aldgate  disputes 
arose  as  to  the  payments  made  to  a  lay-impropriator  under  the 
above  Act.  In  consequence  thereof  a  special  Act^  was  passed  in 
1881,  by  which  he  as  tithe-owner  was  to  receive  £6500  a  year  in 
lieu  of  tithes,  which  was  to  be  levied  and  collected  by  the 
churchwardens  from  the  persons  rateable  to  the  poor,  and 
assessed  on  the  annual  rateable  value  of  houses  for  such  poor 
rates.  The  owners  of  houses  were  empowered  to  redeem  the 
tithes  as  if  they  were  rent-charges  under  the  Commutation  Act. 
The  sum  of  £6500  was  arrived  at  by  calculation  of  the  sum  of 
2s.  9d.  on  the  valuation  of  the  parish,  it  having  been  not  within 
the  scope  of  the  Act  of  Charles  II.  Notice  of  a  new  bill  to  be 
introduced  next  session  has  appeared,  by  which  it  is  proposed  to 
redeem  the  tithe  of  this  parish  by  raising  the  money  on  mort- 
gage of  the  rates  of  the  parish. 

We  have  now  traced  the  history  of  our  subject,  from  the 
metaphor  which  first  foreshadowed  its  conception  to  the  establish- 
ment of  a  purely  voluntary  system  of  tithing  in  the  dim  light 
of  the  dawn  of  Christianity  in  our  country ;  to  the  enforcement 
of  it  by  the  Fathers  of  the  Church  as  a  right  with  a  moral  and 
religious  sanction ;  to  the  recognition  of  it  as  a  right  in  the 

1  42  and  43  Vict.  c.  93,  =*  44  and  45  Vict.  c.  197. 

»  42  and  43  Vict.  c.  176. 


CONCLUSIOX.     ,  107 

strict  sense  of  the  term  and  to  its  establishment  as  such  by  the 
act  of  the  Legislature.  We  have  seen  the  gradual  extension  of 
the  system  till  it  embraced  nearly  every  subject  that  touches 
the  hand  of  man — the  dying  otf  of  some,  the  increased  vitality 
of  the  power  of  the  law  over  others.  We  have  noted  the  growth 
of  customs,  their  embodiment  in  the  law  of  the  land  and  the 
peculiar  rules  concerning  them  which  our  courts  have  held. 
We  have  observed  the  causes  which  have  led  to  important 
changes  in  the  law ;  and  in  our  own  day  the  various  attempts 
that  have  been  made  to  adapt  it  to  a  combination  of  both  the 
principles  of  justice  and  the  wishes  of  the  people.  Though  we 
have  come  to  the  end  of  our  history,  the  history  of  the  Law  of 
Tithe  is  not  yet  finished.  There  may  be  many  changes  and 
startling  innovations  before  that  book  is  closed. 


INDEX. 


Abbeys,  Saxon,  15,  16 

Abraham,  1 

Action  of  Debt,  79,  83 

Adrian  iv,  Pope,  18 

Agistment,  51,  52 

Alexander  iii.  Pope,  his  letter  to  en- 
force tithe  paying,  18,  23,  48,  55 

Alfred,  King,  his  laws,  12 

Althorpe,  Lord,  40 

Angevin  period,  procedure  in,  65 

Animals,  wild,  57 

Apportionment,  41,  45 

Appropriation  of  Tithes,  24 

„  Form  of,  24,  25 

„  is  no  Mortmain,  25 

,,  Validity  of  Ancient,  30 

Archbishops,  their  leasing  powers,  34 

Athelstan,  King,  his  royal  injunction, 
13 

Attachment  of  contempt,  76 

Augustine,  Saint,  2,  3,  7 

Award,  compulsoi-y,  41 

Bangor,  Monks  of,  7 

Bartholomew,  Hospital  of  Saint,  106 

Bees,  Tithes  of,  48 

Bishops,  their  leasing  powers,  34 

Blackstone,  15,  22,  24,  39,  88 

Boclaud,  11,  12 

Borough-English,  33 

Botolph-without-Aldgate,  Tithes  in  the 

parish  of,  106 
Bounty,  Queen  Anne's,  45 
British  Church,  the  ancient,  4 — 6 
British  Dioceses,  4,  5 
Bulls,  Papal,  98 
Butter,  Tithes  of,  48 

Canon  Law,  Statutory  limitations  of 

the,  80 
Canute,  King,  his  tithe  laws,  13 
Cases,  vide  Table  of 
Cattle,  Tithes  of,  47,  48 
Chancery,  Court  of,  83 
Charges  on  Benefices,  36,  45 
Charles  the  Great,  his  tithe  laws,  3,  4, 61 
Cheese,  Tithes  of,  48 
Chrysostom,  Saint,  2,  3 
Chiuch  Kates,  44 
City  of  London,  Tithes  in  the,  103 — 

106 


Clarke,  Mr,  History  of  Tithes,  12 
Coke,  Sir  Edward,  23,  91,  97 
Command   and   Payment,    Process   of, 

73 
Common  Lands,  59 
Common  Law,  Courts  of,  83 
Commutation  of  Tithes,  33,  40 

,,  ,,       ,,        modes  of,  40 

,,  Acts,  Object  of,  45,  46 

Compositions,  Real,  86,  87,  88,  89,  90 
Consecration,  Right  to  tithes  by,  18 
Consultation,  Writ  of,  75,  76 
Controller  of  Corn  returns.  The,  41 
Copyholds,  33,  38,  45 
Corn,  Tithes  of,  47 
Corporations,  aggregate  and  sole,  33 
Cottenham,  Lord,  50 
Council  of  Aries,  4 

,,         Chelchyth  and   Pincahala, 

10,  61 
,,         Clovesho,  16 
„  Lateran,  22,  23,  24 

London  (a.d.  1175),  19,  48 
Loudon  (a.d.  1237),  67 
London  (a.d.  1295),  19,  48 
,,  Macon,  3 

,,         Pincahala   and    Chelchyth, 
10,  61 
Tours,  3 
Whitby,  5,  8 
Cromwell,  Thomas,  his  policy,  28 
Customs,  Questions  of,  how  determined, 
74 
,,         Special,  of  Tithing,  25 

De  non  Decimando,  Prescription,  96 
Deduction    of   Rent-charge   from   the 

rent,  42 
Dee,  Tithes  of  fish  in  the,  25 
Disabling  Statutes,  33—36,  88 
Discharg;e  of  Tithes,  86—102 
Dissolution  of  the  Monasteries,  27 — 
3U 
„  Procedure   in    suits    after 

the,  77 
Distraint,  42 

,,        Powers  of,  under  Commuta- 
tion Act,  84 
,,        Notices  of,  when  served,  85 

Easter  Controversy,  the,  5 


INDEX. 


109 


Ebbsfleet,  First  landing-place   of  the 
English  at,  7 

.,       of  Au- 
gustine at,  7 
Edgar,  King,  his  laws,  13,  14,  15 
,,  ,,     Ordinance  of  the  Hun- 

dred. 13 
Edward  the  Elder,  King,  his  laws,  12, 

13 
Edward  the  Confessor,  Iving,  his  laws, 

14,  47 
Egbert,  Archbishop  of  York,  9 

,,       Exceptions  attributed  to,  9 
Enabling  Statutes,  33 — 3C 
Endowments,  Arbitrary  tithe,  21 — 25 
Equity,  1 

,,      and  Tithe  suits,  83 
,,      Courts  of,  Jurisdiction  of,  89,  90 
Ethelred,  King,  his  supposed  law  for 

the  partition  of  tithes,  13,  47 
Ethelwulfs  Charters,  11 

,,  „        their  bearing  on 

tithe  law,  12 
Excerptions  of  Egbert — spurious,  9 
Exchange  of  lands  for  tithes,  34 
Exchequer,  Court  of,  83 
Extra-ordinary  Tithe,  the,  52,  53,  54 
Extra-parochial  places,  Tithes  in,  59 

Fines,  72 

Fire,  The  Great,  and  Tithes  in  London, 

105 
Fish,  Tithes  of,  55,  56 
Foals,  Tithes  of,  48 
Folc-land,  11,  12 

Gavel-kind,  33. 

Grant,  Discharge  of  Tithes  by,  97—98 
Great  Tithes,  26 
Greeks,  Tithes  under  the,  2 
Gregory  the  Great,  Pope,  7 
Guthrum   the   Dane,   his  treaty  with 
Edward,  12 

Habere  Facias  Possessionem,  Writ  of,  84, 
85 

Haddan  and  Stubbs',  Messrs,  "  Coun- 
cils ",  2,  5,  8,  9,  10,  18 

Hallam,  3,  4 

Heriots,  19 

Highway  Rates,  43 

Hops,  Tithes  of,  52,  53,  54 

Hospitals,  Dissolution  of  the,  30 

Houses,  Tithes  of,  57,  103 

Howel  the  Good,  his  code,  5 

Hundred-moot,  62 

Impropriators  of  Tithes,  29 
Impropriate  tithes,  how  conveyed,  31 
„  „      not  appurtenant  to 

land,  31 


Impropriate  tithes.  Descent  of,  33 
,,  ,,      Devise  of,  33 

,,  ,,      Lease  of,  35 

Increase,  Tithe  of,  43,  47 
Inclosure  Acts,  60,  90 
Indiravit,  Writ  of,  65,  66,  67,  68,  69 
Infeudation  of  Tithes,  24 
Innocent  in.  Pope,  his  letter  to  Wal- 
ter, 22 

,,       VII.  Pope  and  Tithes  in  Lon- 
don, 104 
Inquest,  65,  68,  69 

Jacob,  1 

Jerome,  Saint,  2,  3 
Jus  I'arochidlf,  18 
Jitsticies,  Writ  of,  64 
Justices,  Ilecovery  of  Tithes  before,  81, 
82 

King,  the,  his  right  to  tithes,  59 

Labourers,  Tithes  paid  by,  49 

Lambs,  Tithes  of,  48 

Lammas  Lands,  58 

Laud  Tax,  43 

Leases  of  Tithes,  33 — 36 

Leasing  powers  at  the  pi'esent  time,  38 

Limitations,  Statute  of  and  Tithe  suits, 

83 
London  Gazette,  the,  41 
London,  City  and  Liberties  of.  Tithes 

in  the,  103—106 
Ludlow,  Judge,  22 

Maine,  Sir  Henry,  1 

Magna  Carta,  75 

Mandamus,  73 

Manors,  9 

Market  Gardens,  53 

Merger  of  Tithes,  44 

Milk,  Tithes  of,  48 

Mills,  Tithes  of,  55,  56,  57 

Milman,  3 

Mines,  Tithes  of,  57 

Mixed  Tithes,  26 

Modus,  90—96 

,,      Commutation  Act,  102 

,,      Definition  of,  90 

,,      Discharge  of,  94 

,,      Ancient  Jurisdiction  in,  91 

,,      Answers  of  judges  in  regard  to, 
92 

,,      Requisites  of,  92 — 94 

,,      Leaping,  93 

,,      Rank,  93 

„      Act,  The,  95 
Mortmain,  25 
Mortuaries,  19,  20 

Niger,  Bishop,  Ordinance  of,  104 


110 


INDEX. 


Non-residence,  penalties  against,  37 

Norman  Church,  Organization  of  the, 
18 

Norman  period.  Procedure  in  the,  63, 
64 

Normans,  Tithe  paying  virtually  dis- 
continued under  the,  17 

Oak,  Conference  of  Augustine's,  5 
Offa,  King,  his  supposed  grant  of  tithes, 

11 
Origen,  2 
Orders,  the  Privileged,  97,  99 

,,         ,,  ,,  Exemptions,  of 

100,  101 

Parcellers  of  Tithes,  31 

"Parochia",  8 

Parochial  Right  to  tithes,  18 

Parishes,  History  of  the  growth  of,  8, 
14,  15 

Parnynge,  Sir  Edward,  22 

Patents,  70 

Paulus,  2 

Peel,  Sir  Robert,  40 

Perpetual  Curacies,  31 

Personal  Tithes,  27,  49 

,,  ,,      become  obsolete,  80 

Pigs,  Tithes  of,  48 

Poor  Rate  levied  on  Tithes,  43 

Possession,  Powers  of,  in  case  of  non- 
payment, 84,  85 

Potatoes,  Tithes  of,  55 

Praedial  Tithes,  26 

Praemunire,  98 

Prender,  Tithes  lie  in,  35 

Prescription  de  non  decimando,  96,  101 
Right  to  Tithes  by,  18 

Priories,  Supi^ression  of  alien,  28 

Privilege,  Discharge  of  Tithes  by,  97 — 
98 

Profits,  Tithes  of  Merchants,  49 

ProMbitio7is,  67,  75,  76 

Provisors,  Statute  of,  98 

Punic  tithe  exactions,  2 

Quakers  refusing  to  pay  tithes,  82 
Quarries,  Tithes  of,  58 

Railways,  85 

Rates  and  Taxes,  43 

Rectories,  Origin  of,  26 

Rectors'  right  to  tithes  established,  18 
,,       suits  between,  66,  67,  68 
„       right  to  Great  Tithes,  26 
,,       leasing  powers,  35,  36 
,,       right  to  repair  the  Chancel,  44 

Recoveries,  72 

Redemption  of  Tithes,  45,  46 


Rent-Charge,  Tithe,  40—43 

,,  liable  for  interest  as  be- 

fore the  commutation,  45 
Right  of  Advowson,  Writ  of,  68 
Romans,  Tithes  under  the,  1 
Russell,  Lord  John,  40 

Saxon  Church,  the,  8,  9 

Saxon  Procedure,  61,  62 

Scire  Facias,  Writ  of,  69 

Selborne,  Lord  on  arbitrary  consecra- 
tions, 23 
,.  ,,      on  Ethelred's  supposed 

laws,  13 
,.  „      on    Ethelwulf's    Char- 

ters, 12 
,,  ,,      on  the  Legatine  Coun- 

cils, 11,  note  1 

Selden,  John,  2,  3,  12,  13,  14,  15,  22, 
23,  67,  71,  103 

Separation  of  the  spiritual  from  the 
temporal  courts,  62 

Silva  Caedua,  50,  51 

Shiremoot,  62 

Slates,  Tithes  of,  58 

Small  Tithes,  26,  81 

Statutes,  see  Table  of 

Stones,  Tithes  of,  58 

Stratford,  Archbishop,  50 

Subjects  Titheable,  47,  55 

Suggestion,  the,  75 

Synod  of  London,  48,  49 

Synod  of  Westminster,  21 

Tenants  flitting,  85 

,,       Life  and  Discharges,  100 
Tithe  Commissioners,  The,  40,  41,  45 
Tithe,  Definition  of,  1,  47,  55 
Theodore  of  Tarsus,  8 
Theodore's  Penitential,  9 
Turnips,  Tithes  of,  55 

Unity  of  Possession,  Discharge  by,  98 
—101 

Venire  Facias,  Writ  of,  68 
Vicarages,  Origin  of,  26 

,,        Appropriation  of,  27 
Vicars,  their  right  to  small  tithes,  26 
,,      their  leasing  powers,  35 — 36 

Wapentake,  62 

War,  the  Tithe,  46 

Waste  Lands,  60 

William  the  Conqueror,  14,  47,  62 

Winchelsey,  Archbishop,  48 

Wood,  Tithes  of,  50,  51 

Wool,  Tithes  of,  48 

Workmen,  Tithes  paid  by,  49 


TABLE   OF   CASES. 


Abbot  of  Selby's  Case  67. 

Alchin  i\  Hopkins  36. 

Andrews  v.  Drever  31. 

An  sell  ?'.  Adman  56, 

Att.  Gen.  v.  Lord  Eardley  59. 

Bennet  v.  Neale  89. 

„       ,,  Eeade  94. 

„       ,,  SkefSngton  89. 
Bibye  v.  Huxley  51. 
Bishop  of  Winchester's  Case  86. 
Bonsey  v.  Lee  31. 
Bradshaw  v.  Clifton  97. 

Canterbury's,  Archbishop  of,  Case  99. 
Chichester  v.  Sheldon  51. 
Clarke  v.  Yonge  41. 
Corbet's  Case  18. 
Cornwallis  v.  Spailing  100. 

Dent  V.  Rob  31. 
Dickenson  v.  Greenhill  97. 
Doe  d.  Watson  v.  Jefferson  33. 

,,     ,,  Lushington  v.  Bishop  of  Llan- 
daff  33. 

,,    ,,  Coates  V.  Summerville  36. 
Donnison  v.  Elsley  101. 
Duke  of  Portland  v.  Bingham  27. 

Earl  ofClanricardev.  Lady  Denton  100. 
Evans  v.  liowe  50. 

Finch's  Case  35. 
FoUot's  Case  87. 

Grant's  Case  103. 
Green  v.  Hull  57. 
Grymes  v.  Smith  30. 
Grysam  v.  Lewis  94. 

Heathcote  v.  Mainwaring  89. 
Hett  V.  Mead  100. 
Hughes  V.  Billinghurst  56. 


Jones  V.  Snow  90. 

Knight  V.  Marquis  of  Waterford  97. 

Lamprey  v.  Kooke  99. 
Lozon  v.  Pryse  50. 

Macgill  V.  Le  Strange  31. 

Marston  v.  Cla-^'pole  83. 

Metcalfe  v.  Archbishop  of  York  36. 

Newland  r.  Walkin  36. 
Newte  t'.  Chamberlain  56,  57. 
Norton  v.  Hammond  101. 
Nowell  V.  Hicks  95. 

Penrose  v.  Shepherd  93. 
Perry  v.  Soam  94. 
Phillips  V.  Prytherick  97. 
Pigot  V.  Heron  96. 

,,      ,,  Simpson  96. 
Prior  of  Worcester's  Case  25. 

Rex  V.  Commissioners  of  Nene  Outfall 

85. 
Rex  V.  Jeffereys  81. 
Rich  V.  Sanders  33. 

Scar  V.  Trin.  Coll.  Camb.  27. 
Scory  IK  Barber  92. 
Shaw  V.  Pritchard  36. 
Startupp  V.  Dodderidge  93,  94. 
Stavely  v.  UUithorne  101. 
Stoutfil's  Case  57. 

Talory  v.  Jackson  83. 
Talentine  ?'.  Denton  35. 
Townley  v.  Tomlinaon  97. 

Ward  V.  Shepherd  89. 
Wilson  V.  Redman  100. 
Woolley  V.  Brinvnhill  30. 
Wright  V.  Wright  95. 


TABLE   OF   STATUTES. 


9  Hen.  III.  c.  28  (Magna  Carta)  75. 
13  Edw.  I.  c.  1  (De  Bonis)  32. 
13  Edw.  I.  (Ciicumspecte  Agatis)  18, 
20,  66,  68,  90. 

9  Edw.  II.  e.  5  (Articnli  Cleri)  55. 
18  Edw.  III.  c.  7.  71. 

45  Edw.  III.  c.  3  (Silva  Caedua)  50. 
15  Eich.  II.  c.  6.  20. 

10  Eich.  II.  c.  5  (Praemunire)  98. 
2  Hen.  IV.  c.  4.  98. 

c.  12.  27. 
21  Hen.  Vllf.  c.  0.  20. 
„      c.  13.  37. 

27  Hen.   VIII.   c.  20   (Strengthening 

Statute)  77. 
„        c.  21.  104. 

c.  27  and  28  (Dissolv- 
ing Statute)  29,  99. 

28  Hen.  VIII.  c.  16.  98. 

31  Hen.  VIII.  c.  13  (Dissolving  Statute) 
29,  99,  101. 

32  Hen.  VIII.  c.  7.  77,  89. 

„     c.  24.  100. 
,,         ,,     c.  28  (Enabling  Statute) 
33. 
37  Hen.  VIII.  c.  7.  32. 
,,      c.  12.  104. 
„     c.  24.  30. 

1  Edw.  VI.  e.  14.  30. 

2  and  3  Edw.  VI.  c.  13.  56,  57,  59,  60, 
78,  83,  89,  92. 

1  Eliz.  c.  19  (Eestraining  Statute)  34, 
88. 

13  Eliz.  c.  10  (Eestraining  Statute)  35, 

88. 
„      c.  20.  36,  37. 

14  Eliz.  cc.  11—14.  35. 
18  Eliz.  c.  11.  35,  37. 

43  Eliz.  c.  2  (Poor  Law  Statute)  43. 

„     c.  29.  35. 
1  Jac.  I.  c.  3.  34. 

21  Jac.  I.  c.  16  (Statute  of  Limitations) 
83. 

10  and  11  Car.  I.  c.  2.  37. 

22  and  23  Car.  II.  c.  15.  105. 

29  Car.  II.  c.  14  (Statute  of  Frauds) 
36. 

7  and  8  Will.  III.  c.  6.  81,  82. 

„        „     c.  34.  81,  82. 

8  and  9  Will.  III.  c.  11.  80. 

3  and  4  Anne,  c.  18.  82. 


8  Anne,  c.  14.  36. 

12  Anne,  st.  2,  c.  6.  20. 

1  Geo.  I.  c.  6.  82. 
17  Geo.  II.  c.  2.  60. 
28  Geo.  II.  c:  6.  20. 

5  Geo.  III.  c.  17.  34,  35. 

9  Geo.  III.  c.  16  (Nullum  Tempus  Act) 
59. 

13  Geo.  III.  e.  5.  43. 

„       „    c.  73.  43. 

41  Geo.  III.  c.  109  (Inclosure  Act)  33. 

43  Geo.  IIL  c.  84.  36. 

53  Geo.  III.  c.  127  (Statute  of  Limita- 
tions) 82,  83. 
57  Geo.  III.  c.  99.  36. 

2  and  3  Will.  IV.  c.  100  (Modus  Act) 
90,  95,  97. 

3  and  4  Will.  IV.  c.  27.  84,  97. 

4  and  5  Will.  IV.  c.  36.  82. 

5  and  6  Will.  IV.  c.  74.  82. 

6  and  7  Will.  IV.  c.  20.  37. 

,,  ,,       ,,    c.  71  (Commutation 

Act)  40,  41,  42,  43, 
44,  52,  53,  54,  84, 
102,  105. 

7  Wm.  IV.  and  1  Vict.  c.  26.  33. 

11        ij        ,1  )5     c.  bj.  4s. 

1  and  2  Vict.  c.  64.  44. 

2  and  3  Vict.  c.  62.  44,  45,  53. 
5  and  6  Vict.  c.  14.  41. 

„     c.  27.  38. 
,,  ,,      c.  50.  43. 

„     c.  54.  44,  85. 

„     c.  108.  38. 
7  and  8  Vict.  c.  85.  85. 
9  and  10  Vict.  c.  73.  45. 

14  and  15  Vict.  c.  104.  38. 

„      c.  145.  85. 
21  and  22  Vict.  e.  57.  38. 

23  and  24  Vict.  c.  124.  38. 

24  and  25  Vict.  c.  105.  38. 

25  and  20  Vict.  c.  52.  38. 

36  and  37  Vict.  c.  42  (Market  Gardens 
Act)  53. 

42  and  43  Vict.  c.  93  (Christ  Church 

City  Act)  105. 
„      c.  176  (City  Act)  105. 

44  and  45  Vict.  c.   197  (St  Botolph- 
Without-Aldgate  Act)  105. 

49  and  50  Vict.  c.  54  (Extraordinary 
Tithe  Eedemption  Act)  54. 


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MS.,  by  Robert  L.  Bensly,  M.A.,  Lord  Almoner's  Professor  of 
Arabic.     Demy  4to.     Jos. 

"It  has  been  said  of  this  book  that  it  has  Bible  we  understand  that  of  the   larger  size 

added  a  new  chapter  to  the  Bible,  and,  startling  which    contains    the    Apocrypha,   and   if    the 

as  the  statement  may  at  first  sight  appear,  it  is  Second  Book  of  Esdras  can  be  fairly  called  a 

no  exaggeration  of  the  actual  fact,  if  by  the  part  of  the  Apocrypha.."— Saturday  J^evteiv. 

THE  ORIGIN  OF  THE  LEICESTER  CODEX  OF  THE 
NEW  TESTAMENT.  By  J.  Rendel  Harris,  M.A.  With  3 
plates.     Demy  4to.     ioj".  6d. 

London  :   C.  y.  Cla  v  £r*  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE   UNIVERSITY  PRESS.  5 


CODEX  S.  CEADDAE  LATINUS.  Evangelia  SSS. 
Matthaei,  Marci,  Lucae  ad  cap.  III.  9  complectens,  circa  septinmm 
vel  octavum  saeculum  scriptvs,  in  Ecclesia  Cathedrali  Lichfieldiensi 
servatus.  Cum  codice  versionis  Vulgatae  Amiatino  contulit,  pro- 
legomena conscripsit,  F.  H.  A.  Scrivener,  A.M.,  D.C.L.,  LL.D., 
With  3  plates.     £\.  \s. 


THEOLOGY-(ANCIENT). 

THE  GREEK  LITURGIES.  Chiefly  from  original  Autho- 
rities. By  C.  A.  SWAINSON,  D.D.,  late  Master  of  Christ's  College, 
Cambridge.     Crown  410.     Paper  covers.     1 5 j. 

■'Jeder  folgende  Forscher  wird  dankbar  Griechischen  Liturgien  sicher  gelegt  hat." — 
anerkennen,  dass  Swainson  das  Fundament  zu  Adolph  Harnack,  Theologisclie  Literatur- 
einer     historisch-kritischen     Geschichte     der        Zeitujig. 

THEODORE  OF  MOPSUESTIA'S  COMMENTARY 
ON  THE  MINOR  EPISTLES  OF  S.  PAUL.  The  Latin  Ver- 
sion with  the  Greek  Fragments,  edited  from  the  MSS.  with  Notes 
and  an  Introduction,  by  H.  B.  Swete,  D.D.  In  Two  Volumes. 
Volume  I.,  containing  the  Introduction,  with  Facsimiles  of  the  MSS., 
and  the  Commentary  upon  Galatians — Colossians.     Demy  8vo.    lis. 

"In  dem  oben  verzeichneten    Buche   liegt  handschriften   .  .  .    sind    vortreffliche     photo- 

uns  die  erste  Halfte  einer  vollstandigen,  ebenso  graphische   Facsimile's  beigegeben,  wie  iiber- 

sorgfaltig    gearbeiteten   wie    schon    ausgestat-  haupt  das  ganze   Werk   von   der    University 

teten  Ausgabe  des  Commentars  mit   ausfiihr-  Press  zu   Cambridge  mit  bekannter   Eleganz 

lichen    Prolegomena  und  reichhaltigen  kritis-  ausgestattet  ist."  —  Theologische  Literaiurzei- 

chen  und   erlauternden  Anmerkungen  vor." —  tung. 

Literarisches  Cetitralblatt.  "It   is   a   hopeful   sign,   amid   forebodings 

"  It  is  the  result  of  thorough,  careful,  and  which  arise  about  the  theological  learning  of 

patient  investigation  of  all  the  points  bearing  the  Universities,  that  we  have   before   us   the 

on  the  subject,  and  the  results  are  presented  first  instalment  of  a  thoroughly  scientific  and 

with  admirable  good   sense  and   modesty." —  painstaking  work,   commenced   at   Cambridge 

Guardian.  and  completed  at  a  country  rectory."-  Church 

"Auf  Grund   dieser  Quellen   ist  der  Text  Quarterly  Review  {}a.n.  1881). 

bei    Swete    mit    musterhafter   Akribie    herge-  "  Hernn     Swete's     Leistung     ist    eine     so 

stellt.     Aber  auch  sonst  hat  der  Herausgeber  tiichtige  dass  wir  das  Werk  in  keinen  besseren 

mit   unermiidlichem    Fleisse    und    eingehend-  Handen  wissen   mochten,   und   mit  den   sich- 

ster   Sachkenntniss   sein  Werk  mit  alien  den-  ersten    Erwanungen    auf   das    Gelingen    der 

jenigen  Zugaben  ausgeriistet,  welche  bei  einer  Fortsetzung    entgegen    sehen." — Gottingische 

solchen    Text-Ausgabe    nur    irgend    erwartet  gelehrie  Anzeigen  (^s.^\..  ^ZZi). 
werden    konnen.  .  .  .  Von    den   drei    Haupt- 

VoLUME  II.,  containing  the  Commentary  on   i  Thessalonians — 
Philemon,  Appendices  and  Indices.     \2s. 

"Eine  Ausgabe  .  .  .  fUr  welche  alle  zugcing-  mene   a   bien   dans   les  deux  volumes  que  je 

lichen  Hiilfsmittel  in  musterhafter  Weise  be-  signale  en  ce  moment. ..Elle  est  accompagnee 

niitzt  wurden  .  .  .  eine  reife  Frucht  siebenjahri-  de  notes  erudites,  suivie  de  divers  appendices, 

gen  Fleisses." — Tlieologisdie  Literaturzeitung  parmi  lescjuels  on  appreciera  surtout  un  recueil 

(Sept.  23,  1882).  des   fragments   des    oeuvres    dogmatiques    de 

"Mit  derselben  Sorgfalt  bearbeitet  die  wir  Theodore,  et  precede'e  d'une  introduction  ou 

bei    dem    ersten     Theile    geriihmt    haben." —  sont  traitces  a  fond  toutes  les  questions  d'his- 

LiierarischesCentralblatt{]u\y2<),  1882).  toire  litteraire  qui  se  rattachent  soit  au  com- 

"M.    Jacobi  ..commen5a...une   edition    du  mentaire  lui-nieme,  soit  k  sa  version  Latine." — 

texte.     Ce  travail  a  cte  repris  en  Angleterre  et  Bulletin  Criti<pu\  1885. 

SAYINGS  OF  THE  JEWISH  FATHERS,  comprising 
Pirqe  Aboth  and  Pcreq  R.  Meir  in  Hebrew  and  English,  with  Cri- 
tical and  Illustrative  Notes.  By  Charles  Taylor,  D.D.,  Master 
of  St  John's  College,  Cambridge.     Demy  8vo.     \os. 

"The    '  Masseketh    Aboth'  stands   at   the  "  A  careful  and  thorough  edition  which  does 

head  of  Hebrew  non-canonical  writings.      It  is  credit  to  English  scholarship,  of  a  short  treatise 

of  ancient  date,  claiming  to  contain  the  dicta  from  the  Mishna,  containing  a  series  of  sen- 

of  teachers  who  flourished  from  B.C.  200  to  the  tences  or  maxims  ascribed    mostly  to  Jewish 

same  year  of  our  era.     iVlr  Taylor's  explana-  teachers  immediately  preceding,  or  immediately 

lory  and  illustrative  commentary  is  very  full  following   the   Christian   era.  .  ." — Conlempo- 

and  satisfactory."— 5/rc/a/or.  rary  Review. 


London  :   C.  J.  Cla  Y  &^  5"CM9,  Cambridge  University  Press  Warehouse^ 

^Ive  Maria  Lane. 


PUBLICATIONS  OF 


A   COLLATION  OF  THE  ATHOS  CODEX  OF  THE 

SHEPHERD  OF  HERMAS.  Together  with  an  Introduction  by 
Spyr.  p.  Lambros,  Ph.  D.,  translated  and  edited  with  a  Preface  and 
Appendices  by  J.  Armitage  Robinson,  M.A.,  Fellow  and  Dean  of 
Christ's  College,  Cambridge.     Demy  8vo.     3s.  6d. 

THE  PALESTINIAN  MISHNA.    By  W.  H.  Lowe,  M.A., 

Lecturer  in  Hebrew  at  Christ's  College,  Cambridge.  Royal  8vo.  21s. 
SANCTl  IREN.EI  EPISCOPI  LUGDUNENSIS  libros 
quinque  adversus  H^reses,  versione  Latina  cum  Codicibus  Claro- 
montano  ac  Arundeliano  denuo  collata,  praemissa  de  placitis  Gnos- 
ticorum  prolusione,  fragmenta  necnon  Grasce,  Syriace,  Armeniace, 
commentatione  perpetua  et  indicibus  variis  edidit  W.  WiGAN 
Harvey,  S.T.B.  CoUegii  Regalis  olim  Socius.     2  Vols.     8vo.     iSs. 

•M.  MINUCII  FELICIS  OCTAVIUS.  The  text  revised 
from  the  original  MS.,  with  an  English  Commentary,  Analysis,  Intro- 
dudion,  and  Copious  Indices.  Edited  by  H.  A.  Holden,  LL.D. 
Examiner  in  Greek  to  the  University  of  London.    Crown  Svo.    7s.  6d. 

THEOPHILI  EPISCOPI  ANTIOCHENSIS  LIBRI 
TRES  AD  AUTOLYCUM  edidit,  Prolegomenis  Versione  Notulis 
Indicibus  instruxit  G.  G.  Humphry,  S.T.B.     Post  Svo.     5^. 

THEOPHYLACTI  IN  EVANGELIUM  S.  MATTH^I 
COMMENTARIUS,  edited  by  W.  G.  Humphry,  B.D.  Prebendary 
of  St  Paul's,  late  Fellow  of  Trinity  College.     Demy  Svo.     7^.  6d. 

TERTULLIANUS  DE  CORONA  MILITIS,  DE  SPEC- 

TACULIS,  DE  IDOLOLATRIA,  with  Analysis  and  English  Notes, 
by  George  Currey,  D.D.  Preacher  at  the  Charter  House,  late 
Fellow  and  Tutor  of  St  John's  College.     Crown  Svo.     s^- 

FRAGMENTS  OF  PHILO  AND  JOSEPHUS.  Newly 
edited  by  J.  Rendel  Harris,  M.A.,  Fellow  of  Clare  College, 
Cambridge.     With  two  Facsimiles.     Demy  4to.     12s.  6d. 

THE  TEACHING  OF  THE  APOSTLES.  Newly  edited, 
with  Facsimile  Text  and  Commentary,  by  J.  Rendel  Harris,  M.A. 
Demy  4to.     ^i.  i^. 

THEOLOGY— (ENGLISH). 

WORKS  OF  ISAAC  BARROW,  compared  with  the  Ori- 
ginal MSS.,  enlarged  with  Materials  hitherto  unpubHshed.  A  new 
Edition,  by  A.  Napier,  M.A.     9  Vols.     Demy  Svo.     ^3.  3^-. 

TREATISE  OF  THE  POPE'S  SUPREMACY,  and  a 
Discourse  concerning  the  Unity  of  the  Church,  by  Isaac  Barrow. 
Demy  Svo,     7s.  6d. 

PEARSON'S  EXPOSITION  OF  THE  CREED,  edited 
by  Temple  Chevallier,  B.D.  New  Edition.  Revised  by  R.  Sinker, 
B.D.,  Librarian  of  Trinity  College.     Demy  Svo.     12s. 

"  A  new  edition  of  Bishop  Pearson's  famous  places,  and  the  citations  themselves  have  been 

work  Oft  the  Cr^t-rf  has  just  been  issued  by  the  adapted  to  the  best  and  newest  texts,  of  the 

Cambridge  University  Press.     It  is  the  well-  several  authors— texts  which  have  undergone 

known  edition  ofTemple  Chevallier,  thoroughly  vast  improvements  within  the  last  two  centu- 

overhauled  by  the  Rev.  R.   Sinker,  of  Trinity  ries.     The  Indices  have  also  been  revised  and 

College      The  whole  text  and  notes  have  been        enlarged Altogether  this  appears  to  be  the 

most  carefully  examined  and  corrected,  and  most  complete  and  convenient  edition  as  yet 
special  pains  have  been  taken  to  verify  the  al-  published  of  a  work  which  has  long  been  re- 
most  innumerable  references.  These  have  been  cognised  in  all  quarters  as  a  standard  one.  — 
more  clearly  and  accurately  given  in  very  many  Guardian. 

London :  C.  J.  Cla  v  &=  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS. 


AN    ANALYSIS    OF    THE    EXPOSITION    OF    THE 

CREED  written  bv  the  Right  Rev.  John  Pearson,  D.D.  late  Lord 

Bishop  of  Chester,'by  W.  H.  Mill,  D.D.     Demy  8vo.     5^. 
VVHEATLY    ON   THE   COMMON  PRAYER,   edited  by 

G.  E.  CORRIE,  D.D.  late  Master  of  Jesus  College.    Demy  8vo.    ~s.  6d. 
TWO  FORMS  OF  PRAYER  OF  THE  TIME  OF  QUEEN 

ELIZABETH.     Now  First  Reprinted.     Demy  8vo.     6d. 

"From  •Collections  and  Notes'  1S67— 1876,  ker  Society's  volume  of  Occasional  Forms  of 
by  \V.  Carew  Hazlitt  (p.  340),  we  learn  that—  Prayer,  but  it  had  been  lost  sight  of  for  200 
'A  ver>'  remarkable  volume,  in  the  original  years.'  By  the  kindness  of  the  present  pos- 
vellum  cover,  and  containing  25  Forms  of  sessor  of  this  valuable  volume,  containing  in  all 
Prayer  of  the  reign  of  Elizabeth,  each  with  the  25  distinct  publications,  I  am  enabled  to  re- 
autograph  of  Humphrey  Dyson,  has  lately  fallen  print  in  the  following  pages  the  two  Forms 
into  the  hands  of  my  friend  Mr  H.  Pyne.  It  is  of  Prayer  supposed  to  have  been  \ost.."—Ex- 
mentioned  specially  in  the  Preface  to  the  Par-  tract  from  tlie  Preface. 

C^SAR     MORGAN'S     INVESTIGATION     OF     THE 

TRINITY  OF  PLATO,  and  of  Philo  Judsus,  and  of  the  effects 
wWch  an  attachment  to  their  writings  had  upon  the  principles  and 
reasonings  of  the  Fathers  of  the  Christian  Church.  Revised  by  H.  A. 
HOLDEN,  LL.D.     Crown  8vo.     4^. 

SELECT  DISCOURSES,  by  John  Smith,  late  Fellow  of 
Queens'  College,  Cambridge.  Edited  by  H.  G.  Williams,  B.D.  late 
Professor  of  Arabic.     Royal  8vo.     ']s.  bd. 

"The  'Select  Discourses'  of  John  Smith,  with  the  richest  lights  of  meditative  genius... 

collected  and  published  from  his  papers  after  He  was  one  of  those  rare   thinkers  in  whom 

his  death,  are,  in  my  opinion,  much  the  most  largeness   of  view,  and   depth,  and  wealth  of 

considerable  work  left  to  us  by  this  Cambridge  poetic  and  speculative  insight,  only  served  to 

School  [the  Cambridge  Platonists].    They  have  evoke  more  fully  the  religious  spirit,  and  while 

a  right  to  a  place  in  English  literary  history."  he  drew  the  mould  of  his  thought  from  Plotinus, 

Ulr   Matthew  Arnold,  in  the  Cotttetiipo-  he  vivified  the  substance  of  it  from  St  Paul." — 

rary  Revie^u.  Principal    Tulloch,    Rational    Theology    in 

"Of  all  the  products  of  the  Cambridge  Etigland  in  the  ijth  Century. 
School,  the  'Select  Discourses'  are  perhaps  "We  may  instance  Mr  Henry  Griffin  \V  li- 
the highest,  as  they  are  the  most  accessible  liams's  revised  edition  of  Mr  John  Smith  s 
and  the  most  widely  appreciated. ..and  indeed  'Select  Discourses,'  which  have  won  Mr 
no  spiritually  thoughtful  mind  can  read  them  Matthew  Arnold's  admiration,  as  an  example 
unmoved.  They  carry  us  so  directly  into  an  of  worthy  _work  for  an  University  Press  to 
atmosphere    of    divine    philosophy,    luminous  undertake."— r/wfi. 

THE  HOMILIES,  with  Various  Readings,  and  the  Quo- 
tations from  the  Fathers  given  at  length  in  the  Original  Languages. 
Edited  by  the  late  G.  E.  CoRRlE,  D.D.     Demy  8vo.     7s.  6d. 

DE  OBLIGATIONE  CONSCIENTIyE  PR^LECTIONES 
decem  Oxonii  in  Schola  Theologica  habitae  a  Roberto  Sanderson, 
SS.  Theologias  ibidem  Professore  Regio.  With  English  Notes, 
including  an  abridged  Translation,  by  W.  Whewell,  D.D.  late 
Master  of  Trinity  College.     Demy  8vo.     js.  6d. 

ARCHBISHOP   USHER'S   ANSWER   TO  A  JESUIT, 

with  other  Trads  on  Popery.     Edited  by  J.  Scholefield,  M.A.  late 
Regius  Professor  of  Greek  in  the  University.     Demy  8vo.     -js.  6d. 
WILSON'S   ILLUSTRATION   OF  THE  METHOD  OF 
explaining  the  New  Testament,  by  the  early  opinions  of  Jews  and 
Christians  concerning  Christ.    Edited  by  T.  TuRTON,  D.D.    8vo.    55. 

LECTURES  ON  DIVINITY  delivered  in  the  University 
of  Cambridge,  by  John  Hey,  D.D.  Third  Edition,  revised  by  T. 
TURTON,  D.D.  late  Lord  Bishop  of  Ely.     2  vols.     Demy  8vo.     15J. 

S.  AUSTIN  AND  HIS  PLACE  IN  THE  HISTORY 
OF  CHRISTIAN  THOUGHT.  Being  the  Hulsean  Lectures  for 
1885.     By  W.  Cunningham,  B.D.     Demy  8vo.     Buckram,  I2.r.  6d. 

London:   C.  J.  Clay  &>  Sons,  Cambridiie  University  Press  Vyarehouse, 

Ave  Maria  Lane. 


PUBLICATIONS   OF 


ARABIC,  SANSKRIT,  SYRIAC,  &c. 

THE  DIVYAvADANA,  a  Collection  of  Early  Buddhist 
Legends,  now  first  edited  from  the  Nepalese  Sanskrit  MSS.  in 
Cambridge  and  Paris.  By  E.  B.  CowELL,  M.A.,  Professor  of 
Sanskrit  in  the  University  of  Cambridge,  and  R.  A.  Neil,  M.A., 
Fellow  and  Lecturer  of  Pembroke  College.     Demy  8vo.     i8j-. 

POEMS    OF    BEHA    ED    DIN    ZOHEIR    OF    EGYPT. 

With  a  Metrical  Translation,  Notes  and  Introduction,  by  E.  H. 
Palmer,  M.A.,  Barrister-at-Law  of  the  Middle  Temple,  late  Lord 
Almoner's  Professor  of  Arabic,  formerly  Fellow  of  St  John's  College, 
Cambridge.     2  vols.  Crown  4to. 

Vol.  I.    The  Arabic  Text.     \os.  6d. 

Vol.  I L  English  Translation.     ios.6d.;  cloth  extra.    15.^. 

"We  have  no  hesitation  in  saying  that  in  remarked,  by  not   unskilful   imitations  of  the 

both  Prof  Palmer  has  made  an  addition  to  Ori-  styles  of  several  of  our  own  favourite  poets, 

ental   literature  for  which   scholars   should  be  living  and  dead." — Saturday  Review. 
grateful  ;    and   that,   while   his  knowledge  of  "  This  sumptuous  edition  of  the  poems  of 

Arabic  is  a  sufficient  guarantee  for  his  mastery  Beha-ed-din  Zoheir  is  a  very  welcome  addition 

of  the  original,  his    English  compositions  are  to  the  small  series  of  Eastern  poets  accessible 

distinguished  by  versatility,  command  of  Ian-  to   readers   who   are  not  Orientalists." — Aca- 

guage,  rhythmical   cadence,  and,  as  we  have  demy. 

THE  CHRONICLE  OF  JOSHUA  THE  STYLITE,  com- 
posed in  Syriac  A.D.  507  with  an  English  translation  and  notes,  by 
\V.  Wright,  LL.D.,  Professor  of  Arabic.     Demy  8vo.     lOi-.  6d. 

"  Die  lehrreiche  kleine  Chronik  Josuas  hat  ein  Lehrmittel  fiir  den  syrischen  Unterricht ;  es 

nach  Assemani   und   Martin  in  Wright   einen  erscheint  auch  gerade  zur  rechten  Zeit,  da  die 

dritten   Bearbeiter  gefunden,  der  sich  um  die  zweite  Ausgabe  von  Roedigers  syrischer  Chres- 

Emendation  des  Textes  wie  um  die  Erklarung  tomathie  im  Buchhandel  voUstandig  vergriffen 

der  Realien  wesentlich  verdient  gemacht  hat  und  diejenige  von  Kirsch-Bernstein  nur  noch 

.  .  .  Ws.  Josua-Ausgabe  ist  eine  sehr  dankens-  in    wenigen     Exemplaren    vorhanden     ist." — 

werte  Gabe  und  besonders  empfehlenswert  als  Deutsche  L it teraturzeitung . 

KALILAH   AND   DIMNAH,   OR,  THE   FABLES   OF 

BIDPAl  ;  being  an  account  of  their  literary  history,  together  with 
an  English  Translation  of  the  same,  with  Notes,  by  I.  G.  N.  Keith- 
Falconer,  M.A.,  late  Lord  Almoner's  Professor  of  Arabic  in  the 
University  of  Cambridge.     Demy  8vo.     js.  6d. 

NALOPAKHYANAM,    or,   the    tale   of   NALA; 

containing  the  Sanskrit  Text  in  Roman  Characters,  followed  by  a 
Vocabulary  and  a  sketch  of  Sanskrit  Grammar.  By  the  late 
Rev.  Thomas  Jarrett,  M.A.  Trinity  College,  Regius  Professor 
of  Hebrew.     Demy  8vo.     los. 

NOTES    ON    THE    TALE    OF   NALA,   for   the   use   of 

Classical  Students,  by  J.  Peile,  Litt.  D.,  Master  of  Christ's  College. 
Demy  8vo.     12s. 

CATALOGUE     OF     THE     BUDDHIST     SANSKRIT 

MANUSCRIPTS  in  the  University  Library,  Cambridge.  Edited 
by  C.  Bendall,  M.A.,  Fellow  of  Gonville  and  Caius  College.  Demy 
8vo.     12^. 

"  It  is  unnecessary  to  state  how  the  com-  those  concerned  in  it  on  the  result .  .  .  Mr  Ben- 

pilation  of  the   present  catalogue  came  to  be  dall  has  entitled  himself  to  the  thanks  of  all 

placed  in  Mr  Bendall's  hands;  from  the  cha-  Oriental  scholars,  and  we  hope  he  may  have 

racter  of  his  work  it  is  evident  the  selection  before  him  a  long  course  of  successful  labour  in 

was  judicious,  and  we  may  fairly  congratulate  the  field  he  has  chosen." — AtlieiuBtim. 

HISTORY  OF  ALEXANDER  THE  SON  OF  PHILIP 
THE  KING  OF  THE  MACEDONIANS.  Syriac  Text  and 
English  Translation,  by  E.  A.  Budge,  B.A.,  Christ's  College. 

[/«  the  Press. 


Londun  :   C.  J.  Cla  v  6-=  SoNS^  Cambridge  University  Press  Warehouse., 

Ave  Maria  Lane. 


THE   CAMBRIDGE   UNIVERSITY  PRESS. 


GREEK  AND  LATIN  CLASSICS,  &c. 

SOPHOCLES:  The  Plays  and  Fragments,  with  Critical 
Notes.  Commentary,  and  Translation  in  English  Prose,  by  R.  C. 
Jebb,  Litt.D.,  LL.D.,  Professor  of  Greek  in  the  University  of  Glasgow. 

Part  I.    Oedipus  Tjnrannus.    Demy  8vo.    New  Edition.     1 2s.  6d. 

Part  II.     Oedipus  Coloneus.     Demy  8vo.     12s.  6d 

Part  III.    Antigone.     Demy  8vo.     1 2i'.  6(i. 

"  Of  his  explanatory  and  critical  notes  we  vivacity      In  fact,  one  might  take  this  edition 

can   only   speak   with   admiration.     Thorough  with  him  on  a  journey,  and,  without  any  other 

scholarship  combines  with  taste,  erudition,  and  help  whatever,  acquire  with  comfort  and  de- 

boundless  industry  to  make  this  first  volume  a  light  a  thorough  acquaintance  with  the  noblest 

pattern  of  editing.     The  work   is   made  com-  production  of,  perhaps,  the  most  difficult  of  all 

plete  by  a  prose  translation,  upon  pages  alter-  Greek  poets — the  most  difficult,  yet  possessed 

natmg  with   the   te.\t,   of  which  we  may  say  at  the  same  time  of  an  immortal  charm  for  one 

shortly  that  it  displays  sound  judgment   and  who  has  mastered  him,  as  Mr  Jebb  has,  and 

taste,  without  sacrificing  precision  to  poetry  of  can  feel  so  subtly  perfection  of  form  and  lan- 

s-'^PJ'ession." — TAi-  Times.  guage...We  await  with  lively  e.xpectation  the 

" This  larger  edition  he  has  deferred  these  continuation,    and   completion   of    Mr    Jebb's 

many  years  for  reasons  which  he  has  given  in  great  task,  and  it  is  a  fortunate  thing  that  his 

his  preface,  and  which  we  accept  with  entire  power  of  work  scems'to  be  as  great  as  the  style 

s.-itisfaction,  as  we  have  now  the  first  portion  is  happy  in  which   the   work   is  done."— 7"/;^ 

of  a  work  composed  in  the  fulness  of  his  powers  Atheitcputii. 

and  with  all  the  resources  of  fine  erudition  and  "An   edition   which   marks  a  definite  .id- 

laboriously  earned  experience. ..We  will  confi-  vance,  which  is  whole  in  itself,  and    brings  a 

dently  aver,  then,  that   the  edition  is  neither  mass  of  solid  and  well-wrought  material  such 

tedious  nor  long;    for  we  get  in  one  compact  as  future  constructors  will  desire  to  adapt,  is 

volume  such  a  cyclopaedia  of  instruction,  such  definitive  in  the  only  applicable  sense  of  the 

a  variety  of  helps  to  the  full  comprehension  of  term,  and  such  is  the  edition  of  Professor  Jebi). 

the  poet,  as  not  so  many  years  ago  would  have  No  man  is  better  fitted  to  express  in  relation  to 

needed  a  small  library,  and  all  this  instruction  Sophocles  the  mind  of  the  present  generation." 

and  assistance  given,  not  in  a  dull  and  pedantic  — The  Saturday  Ranew. 
wav,  but  in  a  style  of  singular  clearness  and 

AESCHYLI    FABULAE.— IKETIAES    XOHcJ)OPOJ    IN 

LIBRO  MEDICEO  MENDOSE  SCRIPTAE  EX  VV.  DD. 
CONIECTURIS  EMENDATIUS  EDITAE  cum  Scholiis  Graecis 
et  brevi  adnotatione  critica,  curante  F.  A.  Paley,  M.A.,  LL.D. 
Demy  Svo.     7^.  6d. 

THE  AGAMEMNON  OF  AESCHYLUS.  With  a  Trans- 
lation in  English  Rhythm,  and  Notes  Critical  and  Explanatory. 
New  Edition  Eevised.  By  Benjamin  Hall  Kennedy,  D.D., 
Regius  Professor  of  Greek.     Crown  Svo.     ds. 

"One  of  the  best  editions  of  the  masterpiece  of  Greek  tragedy." — Atheno'um, 

THE  THE.ETETUS  OF  PLATO  with  a  Translation  and 
Notes  bv  the  same  Editor.     Crown  Svo.     js.  6d. 

ARISTOTLE.— nEPI  ^I'TXHS.  ARISTOTLE'S  PSY- 
CHOLOGY, in  Greek  and  English,  with  Introduction  and  Notes, 
by  Edwin  Wallace,  AI.A.,  late  Fellow  and  Tutor  of  Worcester 
College,  Oxford.     Demy  Svo.     i8s. 

"The  notes   are  exactly  what   such   notes  "  Wallace's  Bearbeitung  derAristotelischen 

ought  to  be, — helps  to  the  student,  not  mere  Psychologie  ist  das  Werk  einesdenkenden  und 

displays  of  learning.     By  far  the  more  valuable  in  alien  Schriften  des  Aristoteles  und  grossten- 

parts  of  the  notes  are  neither  critical  nor  lite-  teils  auch  in  der  neueren  Litteratur  zu  densel- 

rary,  but  philosophical   and  expository  of  the  ben    beleseiien     Mannes  .  .  .  Der    schwachste 

thought,  and  of  the  connection  of  thought,  in  Teil  der  Arbeit  ist  der  kritische  .  .  .  Aber  in 

the  treatise  itself    In  this  relation  the  notes  are  alien  diesen   Dingen  liegt  auch  nach  der  Ab- 

invaluable.     Of  the  translation,  it  may  be  said  sicht   des   Verfassers   nicht  der   Sehwerpunkt 

that  an  English  reader  may  fairly  master  by  seiner   Arbeit,   sondern." — Prof.    Suseniihl   in 

means  of  it  this  great  treatise  of  Aristotle." —  I'hilologische  IVochetischrift. 
Spectator. 

ARISTOTLE.— nKPI    AlKAIOSTNHS.      THE    FIFTH 

BOOK  OF  THE  NICOMACHEAN  ETHICS  OF  ARISTOTLE. 
Edited  by  Henry  Jackson,  Litt.D.,  Fellow  of  Trinity  College, 
Cambridge.     Demy  Svo.     ds. 

"It  is  not  too  much  to  say  that  some  of  the  will  hope  that  this  is  not  the  only  portion  of 
points  he  discusses  have  never  had  so  much  the  Aristotelian  writings  which  he  is  likely  to 
light  thrown  upon  them   before.  .  .  .  Scholars        edit." — AthentKum. 

London  :  C.  J.  Cla  y  ^  Sons,  Cainbridt^e  University  Press  IVareliouse, 

Ave  Maria  Lane. 

1—5 


lo  PUBLICATIONS  OF 

ARISTOTLE.  THE  RHETORIC.  With  a  Commentary 
by  the  late  E.  M.  Cope,  Fellow  of  Trinity  College,  Cambridge,  re- 
vised and  edited  by  J.  E.  Sandys,  Litt.D.  With  a  biographical 
Memoir  by  the  late  H.  A.  J.  MuNRO,  Litt.D.  3  Vols.,  Demy  8vo. 
Now  reduced  to  lis.  {originally  published  at  315-.  6d.) 

"Thisworkisinmanywayscreditabl'etothe  "Mr   Sandys  has  performed    his   arduous 

University  of  Cambridge.   If  an  English  student  duties  with  marl<ed  ability  and  admirable  tact. 

wishes  to  have  a  full  conception  of  what  is  con-  In  every  part  of  his  work— revising, 

tainedin  the /?/i<?/(7r/V  of  Aristotle,  to  Mr  Cope's  supplementing,  and  completing— he  has  done 

edition  he  must  go."— Aca<ieiiiy.  exceedingly  wsW— Examiner. 

PINDAR.    OLYMPIAN  AND  PYTHIAN  ODES.    With 

Notes  Explanatory  and  Critical,  Introductions  and  Introductory 
Essays.  Edited  by  C.  A.  M.  Fennell,  Litt.  D.,  late  Fellow  of 
Jesus  College.     Crown  8vo.     gj. 

"  Mr  Fennell  deserves  the  thanks  of  all  clas-  in  comparative  philology.  "—A  thentaiim. 
sical  students  for  his  careful  and  scholarly  edi-  "Considered  simply  as  a  contribution  to  the 

tion  of  the  Olympian  and  Pythian  odes.     He  study  and   criticism  of  Pindar,  Mr    Fennell's 

ijrings  to  his  task  the  necessary  enthusiasm  for  edition  is  a  work  of  great  m.Kr\i."— Saturday 

his  author,  great  industry,  a  sound  judgment,  Review. 
and,  in  particular,  copious  and  minute  learning 

THE    ISTHMIAN    AND    NEMEAN    ODES.     By  the   same 

Editor.     Crown  8vo.     95-. 

"...  As  a  handy  and  instructive  edition  of  valuable  help  to  the  study  of  the  most  difficult 

a  difficult  classic  no  work  of  recent  years  sur-  of  Greek  authors,  and  is  enriched  with  notes 

passes  Mr  Fennell's  'Y\n&<ir."'—Athena'um.  on  points  of  scholarship  and  etymology  which 

"This    work     is    in    no    way    inferior    to  could  only  have  been  written  by  a  scholar  of 

the  previous  volume.    The  commentary  affords  very  high  attainments." — Saturday  Review. 

PRIVATE  ORATIONS  OF  DEMOSTHENES,  with  In- 
troductions and  English  Notes,  by  F.  A.  Paley,  M.A.  Editor  of 
Aeschylus,  etc.  and  J.  E.  Sandys,  Litt.D.  Fellow  and  Tutor  of  St 
John's  College,  and  Public  Orator  in  the  University  of  Cambridge. 

Part  I.  Contra  Phormionem,  Lacritum,  Pantaenetum,  Boeotum 
de  Nomine,  Boeotum  de  Dote,  Dionysodorum.  Ne^W  Edition. 
Crown  8vo.     6^, 

"Mr    Paley's    scholarship    is    sound    and  literature  which   bears  upon   his   author,    and 

accurate,  his  experience  of  editing  wide,  and  the  elucidation  of  matters  of  daily  life,  in  the 

if  he  is   content   to  devote   his  learning   and  delineation  of  which  Deniosthenes  is  so  rich, 

abilities   to   the   production   of  such   manuals  obtains    full  justice   at    his   hands,    .    .    .    We 

as  these,  they  will  be  received  with  gratitude  hope  this  edition  may  lead  the  way  to  a  more 

throughout  the  higher  schools  of  the  country.  general   study   of   these    speeches    in    schools 

Mr   Sandys   is   deeply   read    in    the    German  than  has  hitherto  been  possible."— ^frt^/fw^'. 

Part  II.  Pro  Phormione,  Contra  Stephanum  I.  II.;  Nicostra- 
tum,  Cononem,  CaUiclem.     Ne^w  Edition.    Crown  8vo.     yj-.  dd. 

"  It  is  long  since  we  have  come  upon  a  work  mosthenes '." — Saturday  Review. 

evincing  more  pains,   scholarship,  and  varied  " the   edition  reflects  credit   on 

research    and   illustration    than    Mr   Sandys's  Cambridge  scholarship,  and  ought   to   be  ex- 
contribution  to  the   'Private  Orations  of  De-  tensively  used."— ^ //;<'«<?'?<;«. 

DEMOSTHENES      AGAINST      ANDROTION      AND 

AGAINST  TIMOCRATES,  with  Introductions  and  English  Com- 
mentary, by  William  Wayte,  M.A.,  late  Professor  of  Greek,  Uni- 
versity College,  London.     Crown  8vo.     ^s.  6d. 

"These  speeches  are  highly  interesting,  as  prehended  subject  matter  ....  Besides  a  most 

illustrating   Attic    Law,   as   that   law  was   in-  lucid  and  interesting  introduction,  Mr  Wayte 

fluenced  by  the  exigences  of  politics  ...  As  has  given    the   student   effective   help   in   his 

vigorous  examples  of  the  great  orator's  style,  running  commentary.     We  may  note,  as  being 

they  are  worthy  of  all  admiration;   and  they  so  well  managed  as  to  form  a  very  valuable 

have  the  advantage— not  inconsiderable  when  part  of  the  exegesis,  the  summaries  given  with 

the  actual  attainments  of  the  average  school-  every   two   or   three   sections   throughout   the 

boy  are  considered— of  having  an  easily  com-  s-ptitch."— Spectator. 

PLATO'S  VnJEDO,  literally  translated,  by  the  late  E.  M. 
Cope,  Fellow  of  Trinity  College,  Cambridge,  revised  by  Henry 
Jackson,  Litt.D.,  Fellow  of  Trinity  College.     Demy  8vo.     5^. 

London  :   C.  J.  Cla  v  &r^  Sons,  Catnbridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  ii 

THE  BACCHAE  OF  EURIPIDES.  With  Introduction, 
Critical  Notes,  and  Archaeological  Illustrations,  by  J.  E.  Sandys, 
Litt.D.     New  and  Enlarged  Edition.     Crown  8vo.     12^-.  (yd. 

"Of  the  present  edition  of  the  i>rtcc/r<y  by  Mr  able  advance  in  freedom  and  lightness  of  style. 
Sandys  we  may  safely  say  that  never  before  has  .  .  .  Under  such  circumstances  it  is  superfluous 
a  Greek  play,  in  England  at  least,  had  fuller  to  say  that  for  the  purposes  of  teachers  and  ad- 
justice  done  to  its  criticism,  interpretation,  vanced  students  this  handsome  edition  far  sur- 
and  archaeological  illustration,  whether  for  the  passes  all  its  predecessors." — Athenctum. 
young  student  or  the  more  advanced  scholar.  "  It  has  not,  like  so  many  such  books,  been 
The  Cambridge  Public  Orator  may  be  said  to  hastily  produced  to  meet  the  momentary  need 
have  taken  the  lead  in  issuing  a  complete  edi-  of  some  particular  examination  ;  but  it  has  em- 
tion  of  a  Greek  play,  which  is  destined  perhaps  ployed  for  some  years  the  labour  and  thought 
to  gain  redoubled  favour  now  that  the  study  of  of  a  highly  finished  scholar,  whose  aim  seems 
ancient  monuments  has  been  applied  to  its  il-  to  have  been  that  his  book  should  go  forth /(?jf»j 
lustration." — Saturday  Revieiv.  teres  atque  rotiindus,  armed  at  all  points  with 

"The    volume    is   interspersed   with   well-  all  that  may  throw  light  upon  its  subject.     The 

executed  woodcuts,  and  its  general  attractive-  result  is  a  work  which  will  not  only  assist  the 

ness  of  form  reflects  great  credit  on  the  Uni-  schoolboy  or  undergraduate  in  his  tasks,  but 

versity  Press.   In  the  notes  Mr  Sandys  has  more  will  adorn   the   librarj'  of  the   scholar."— T'A*' 

than  sustained  his  well-earned  reputation  as  a  Guardian. 
careful  and  learned  editor,  and  shows  consider- 

THE  TYPES  OF  GREEK  COINS.    By  Percy  Gardner, 

Litt.  D.,  F.S.A.  With  i6  Autotype  plates,  containing  photographs  of 
Coins  of  all  parts  of  the  Greek  World.  Impl.  4to.  Cloth  extra, 
^i.  ii.r.  (id.;  Roxburgh  (Morocco  back),  £2.  2s. 

"Professor  Gardner's  book  is  written  with  be  distinctly  recommended  to  that  omnivorous 
such  lucidity  and  in  a  manner  so  straightfor-  class  of  readers— 'men  in  the  schools'."— Ed- 
ward that  it  may  well  win  converts,  and  it  may        turday  Review. 

ESSAYS  ON  THE  ART  OF  PHEIDIAS.     By  C.  Wald- 

STEIN,  Litt.  D.,  Phil.  D.,  Reader  in  Classical  Archaeology  in  the 
University  of  Cambridge.  Royal  8vo.  With  numerous  Illustrations. 
16  Plates.     Buckram,  305-. 

"  I  acknowledge  expressly  the  warm  enthu-  very   valuable   contribution    towards    a    more 

siasm  for  ideal  art  which  pervades  the  whole  thorough  knowledge  of  the  style  of  Pheidias."— 

volume,  and  the  sharp  eye  Dr  Waldstein  has  The  Academy. 

proved  himself  to  possess  in  his  special  line  of  "  'Essays  on  the  Art  of  Pheidias    form  an 

study,  namely,  stylistic  analysis,  which  has  led  extremely    valuable    and    important    piece   of 

him  to  several  happy  and  important  discoveries.  work.  .  .  .  Taking  it  for  the  illustrations  alone, 

His  book  will   be  universally  welcomed  as  a  it  is  an  exceedingly  fascinating  book."— 7"/wfj. 

AN     INTRODUCTION     TO     GREEK     EPIGRAPHY. 

Part  I.  The  Archaic  Inscriptions  and  the  Greek  Alphabet  by  E.  S. 
Roberts,  M.A.,  Fellow  and  Tutor  of  Gonville  and  Caius  College. 
Demy  8vo.     With  illustrations.     i8j-. 

M.  TULLI  CICERONIS  AD.  M.  BRUTUM  ORATOR. 

A  revised  text  edited  with  Introductory  Essays  and  with  critical 
and  explanatory  notes,  by  J.  E.  Sandys,  Litt.D.     Demy  8vo.     16^. 

"This    volume     which     is    adorned    with  "  .\  moAcX  cA\\.\or\:'—Spectator. 

several  good  woodcut.s,  forms  a  handsome  and  "The  commentary  is  in  every  way  worthy 

welcome  addition  to  the  Cambridge  editions  of  of  the  editor's  high  reputation.  —Academy. 
Cicero's  works." — Athefueum. 

M.    TULLI    CICERONIS    DE    FINIBUS    BONORUM 

ET  MALORUM  LIBRI  QUINQUE.  The  text  revised  and 
explained  ;  With  a  Translation  by  James  S.  Reid,  Litt.  D.,  Fellow 
and  Tutor  of  Gonville  and  Caius  College.    3  Vols.  [In  the  Press. 

Vol.  III.     Containing  the  Translation.     Demy  8vo.     8j. 
M.  T.  CICERONIS  DE  OFFICIIS  LIBRI  TRES,  with  Mar- 
ginal Analysis,  English  Commentary,  and  copious  Indices,  by  H.  A. 
HOLDEN,  LL.D.    Sixth  Edition,  Revised  and  Enlarged.  Cr.  8vo.  gj. 

"  Few  editions  of  a  cla.ssic  have  found  so       position    of    the    work    secure^' —  A meruait 
much  favour  as  Dr  Holden's  De  Officiis,  and        J our>uil of  ritilolosy . 
the  present  revision  (sixth  edition)  makes  the  t  m- O      T-T- n  T^T  T  TO 

M.  T.  CICERONIS   DE  O^MCIIS   LIBER  TLRTIUS, 

With  Introduction,  Analysis  and  Commentary,  by  H.  A.  HoLDEN, 
LL.D.     Crown  8vo.     2s. 

London:   C.  J.  Clay  &r^  Sons,  Cambridii^e  University  Press  IVare/iouse, 

Ave  Maria  Lane. 

1—6 


12  PUBLICATIONS  OF 

M.  TVLLI  CICERONIS  PRO  C  RABIRIO  [PERDVEL- 

LIONIS  REO]  ORATIO  AD  QVIRITES  With  Notes  Introduc- 
tion and  Appendices  by  W.  E.  Heitland,  M.A.,  Fellow  and  Tutor  of 
St  John's  College,  Cambridge.  Demy  8vo.  Js.  6d. 
M.  TULLII  CICERONIS  DE  NATURA  DEORUM 
Libri  Tres,  with  Introduction  and  Commentary  by  JOSEPH  B. 
Mayor,  M.A.,  together  with  a  new  collation  of  several  of  the 
English  MSS.  by  J.  H.  Swainson,  M.A. 
Vol.1.    Demy  8vo.     \os.  6d.        Vol.11.     I2s.  6d.       Vol.  III.     los. 

"  Such  editions  as  that  of  which  Prof.  Mayor  N.  D.  ii.  und  zeigt  ebenso  wie  der  erste  einen 

has  given  us  the  first  instalment  will  doubtless  erheblichen  Fortschritt  gegen  die  bisher  vor- 

do  much  to  remedy  this  undeserved  neglect.    It  handenen  commentirten  Ausgaben.     Man  darf 

is  one  on  which  great  pains  and  much  learning  jetzt,   nachdem   der  grosste  Theil  erschienen 

have  evidently  been  expended,  and  is  in  every  ist,  sagen,  dass  niemand,  welcher  sich  sachlich 

way  admirably  suited  to  meet  the  needs  of  the  oder  kritisch  niit  der  Schrift  De  Nat.  Deor. 

student  .  .  .  The  notes  of  the  editor  are  all  that  beschaftigt,  die  neue  Ausgabe  wird  ignoriren 

could  be  expected  from  his  well-known  learn-  diirfen." — P.   Schwencke  in  JB.f.  cl.  Alt. 

ing  and  scholarship." — Academy.  vol.  35,  p.  90  foil. 

"Der    vorliegende    zweite    Band    enthalt 

P.  VERGILI  MARONIS  OPERA  cum  Prolegomenis 
et  Commentario  Critico  edidit  B.  H.  Kennedy,  S.T.P.,  Graecae 
Linguae  Prof.  Regius,     Extra  Fcap.  8vo.     5^. 

See  also  Pitt  Press  Series,  pp.  24 — 27. 


MATHEMATICS,  PHYSICAL  SCIENCE,  &c. 

MATHEMATICAL    AND    PHYSICAL    PAPERS.      By 

Sir  W.  Thomson,  LL.D.,  D.C.L.,  F.R.S.,  Professor  of  Natural  Phi- 
losophy in  the  University  of  Glasgow.  Collected  from  different 
Scientific  Periodicals  from  May  1841,  to  the  present  time.  Vol.  I. 
Demy  8vo.     \%s.     Vol.  II.     15.5-.  [Volume  III.     Ih  the  Press. 

"Wherever  exact  science  has  found  a  fol-  three  articles  which  were  in  part  written  at  the 

lower  Sir  William  Thomson's  name  is  known  as  age  of  17,  before  the  author  had  commenced 

a  leader  and  a  master.     For  a  space  of  40  years  residence  as  an  undergraduate  in  Cambridge." 

each  of  his  successive  contributions  to  know-  — The  Thnes. 

ledge  in  the  domain  of  experimental  and  mathe-  "We  are  convinced  that  nothing  has  had  a 
matical  physics  has  been  recognized  as  marking  greater  effect  on  the  progress  of  the  theories  of 
a  stage  in  the  progress  of  the  subject.  But,  un-  electricity  and  magnetism  during  the  last  ten 
happily  for  the  mere  learner,  he  is  no  writer  of  years  than  the  publication  of  Sir  W.  Thomson's 
text-books.  His  eager  fertility  overflows  into  reprint  of  papers  on  electrostatics  and  magnet- 
the  nearest  available  journal  .  .  .  The  papers  in  ism,  and  we  believe  that  the  present  volume  is 
this  volume  deal  largely  with  the  subject  of  the  destined  in  no  less  degree  to  further  the  ad- 
dynamics  of  heat.     They   begin   with   two   01  vancement  of  science. " — Glasgow  Herald. 

MATHEMATICAL  AND  PHYSICAL  PAPERS,  by 
G.  G.  Stokes,  M.A.,  LL.D.,  F.R.S.,  Lucasian  Professor  of  Mathe- 
matics in  the  University  of  Cambridge.  Reprinted  from  the  Original 
Journals  and  Transactions,  with  Additional  Notes  by  the  Author. 
Vol.1.     Demy  8vo.     i^s.     Vol.  II.     15^-.      [Vol.  III.     In  the  Press. 

"  ...The  same  spirit  pervades  the  papers  on  which  well  befits  the  subtle  nature  of  the  sub- 
pure  mathematics  which  are  included  in  the  jects,  and  in.spires  the  completes!  confidence  in 
volume.    They  have  a  severe  accuracy  of  style         their  author."  — 7'//t'  Times. 

A  HISTORY  OF  THE  THEORY  OF  ELASTICITY 
AND  OF  THE  STRENGTH  OF  MATERIALS,  from  Galilei  to 
the  present  time.  Vol.  I.  Galilei  to  Saint-Venant,  1639-1850. 
By  the  late  I.  Todhunter,  Sc.D.,  F.R.S.,  edited  and  completed 
by  Professor  KARL  PEARSON,  M.A.  Demy  8vo.  25^. 
Vol.  II.     By  the  same  Editor.  [/;/  t//e  Press. 

A  TREATISE  ON  GEOMETRICAL  OPTICS.  By 
R.  S.  Heath,  M.A.,  Professor  of  Mathematics  in  Mason  Science 
College,  Birmingham.     Demy  8vo.     12s.  bd. 

THE  SCIENTIFIC  PAPERS  OF  THE  LATE  PROF. 
J.  CLERK  MAXWELL.  Edited  by  W.  D.  Niven,  M.A.  In  2  vols. 
Royal  4to.  \^Nearly  ready. 

London  :  C.  7.  Cla  v  &^  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  13 


THE  COLLECTED  MATHEMATICAL  PAPERS  OF 
ARTHUR  CAYLEY,  M.A.,  F.R.S.,  Sadlerian  Professor  of  Pure 
Mathematics  in  the  University  of  Cambridge.     Demy  4to. 

\In  the  Press. 

A  TREATISE  ON  NATURAL  PHILOSOPHY.  By 
Sir  \V.  Thomson,  LL.D.,  D.C.L.,  F.R.S.,  and  P.  G.  Tait,  M.A., 
Parti.     Demy  8vo.     i6s.         Part  II.     Demy  8vo.     iSs. 

ELEMENTS  OF  NATURAL  PHILOSOPHY.  By  Pro- 
fessors Sir  W.  Tho.msox  and  P.  G.  Tait.     Demv  8vo.     gs. 

AN  ATTEMPT  TO  TEST  THE  THEORIES  OF 
CAPILLARY  ACTION  by  Francis  Bashforth,  B.D.,  and 
J.  C.  Adams,  M.A.,  F.R.S.     Demy  4to.    ^i.  1.$-. 

A  TREATISE  ON  THE  THEORY  OF  DETERMI- 
nants  and  their  appHcations  in  Analysis  and  Geometry,  by  R.  F. 
Scott,  M.A.,  Fellow  of  St  John's  College.     Demy  8vo      12s. 

HYDRODYNAMICS,  a  Treatise  on  the  Mathematical 
Theory  of  the  Motion  of  Fluids,  by  Horace  Lamb,  M.A.,  formerly 
Fellow  of  Trinity  College,  Cambridge.     Demy  8vo.     12s. 

THE  ANALYTICAL  THEORY  OF  HEAT,  by  Joseph 

Fourier.     Translated,  with  Notes,  by  A.  Freeman,  M.A.,  formerly 
Fellow  of  St  John's  College,  Cambridge.     Demy  8vo.     12s. 
PRACTICAL  WORK  AT  THE  CAVENDISH  LABORA- 
TORY.    HEAT.     Edited  by  W.  N.  Shaw,  M.A.     Demy  8vo.     3.?. 

THE  ELECTRICAL  RESEARCHES  OF  THE  Hon.  H. 
Cavendish,  F.R.S.  Written  between  177 1  and  1781.  Edited  from 
the  original  IVISS.  in  the  possession  of  the  Duke  of  Devonshire,  K.  G., 
by  the  late  J.  Clerk  Maxwell,  F.R.S.     Demy  8vo.     i8s. 

An  elementary  TREATISE  on  QUATERNIONS. 

By  P.  G.  Tait,  M.A.     Second  Edition.     Demy  8vo.  14J. 

THE  MATHEMATICAL  WORKS  OF  ISAAC  BAR- 
ROW, D.D.     Edited  by  W.  Whewell,  D.D.     Demy  8vo.     is.  6d. 

COUNTERPOINT.  A  Practical  Course  of  Study,  by  the 
late  Professor  Sir  G.  A.  Macfarren,  M.A.,  Mus.  Doc.  New 
Edition,  revised.     Crown  4to.     js.  6d. 

A  TREATISE  ON  THE  GENERAL  PRINCIPLES  OF 
CHEMISTRY,  by  M.  M.  Pattison  Muir,  M.A.,  Fellow  and  Pre- 
lector in  Chemistry  of  Gonville  and  Caius  College.     Demy  8vo.     15-f. 

[iVt'Ti'  Edition.     In  tJtc  Press. 

"The  value  of  the  book  as  a  digest  of  the  more  comprehensive   scheme,  has  produced  a 

historical    developments   of  chemical    thought  systematic  treatise  on  the  principles  of  chemical 

is  immense." — Academy.  philosophy  which  stands  far  in  advance  of  any 

"  Theoretical  Chemistry  has  moved  so  rapidly  kindred  work  in  our  language.     It  is  a  treatise 

of  late   years  that  most  of  our  ordinary  te.\t  that  requires  for  its  due  comprehension  a  fair 

books    have    been    left    far    behind.      Ccrnian  acquaintance  with  physical  science,  and   it  can 

students,  to  be  sure,  possess  an  excellent  guide  hardly  be  placed  with  advantage  in  the  hands 

to   the  present  state   of  the   science   in    'Die  of  any  one  who  does  not  possess  an  extended 

Modernen    Theorien    der    Chemie '   of    Prof  knowledge  of  descriptive  chemistry.     I'ut  the 

Lothar  -Meyer  ;  but  in  this  country  the  student  advanced  .student  whose  mind  is  well  equipped 

has  had  to  content  himself  with  such  works  as  with  an  array  of  chemical  and  physical  facts 

Dr  Tilden's  '  Introduction  to  Chemical  Philo-  can   turn   to   Mr  Muir's   masterly  volume   for 

sophy ',  an  admirable  book  in  its  way,  but  rather  unfailing  help  in  acquiring  a  knowledge  of  the 

slender.     Mr  Pattison  Muir  having  aimed  at  a  principles  of  modern  chemistry." — Athetueutn. 

ELEMENTARY  CHEMISTRY.  By  M.  M.  Pattlson 
Muir,  M.A.,  and  Charles  Slater,  M.A.,  M.B.  Crown  8vo.  4^-.  dd. 

PRACTICAL  CHEMISTRY.  A  Course  of  Laboratory 
Work.  By  M.  M.  Pattison  Muir,  M.A.,  and  D.  J.  Carnecik,  H.A. 
Crown  8vo.     y. 

NOTES  ON  QUALITATIVE  ANALYSIS.    Conci.sc  and 

Explanatory.     liy  H.  J.  H.  FentoN,  M.A.,  F.I.C.,  Demonstrator  of 
Chemistry  in  the  University  of  Cambridge.  Cr.  4to.  New  Edition,  bs. 

London:  C.  J.  Clay ^  Sons.,  Cambridi^e  University  Press  Warehouse., 

Ave  .Maria  Lane. 


14  PUBLICATIONS   OF 

LECTURES    ON    THE    PHYSIOLOGY    OF    PLANTS, 

by  S.  H.  Vines,  D.Sc,  Fellow  of  Christ's  College.  Demy  8vo. 
With  Illustrations,     lis. 

"To  say   that   Dr  Vines'  book  is  a  most  science  that  the  works  in  most  general  use  in 

valuable  addition  to  our  own  botanical  litera-  this  country  for  higher  botanical  teaching  have 

ture  is  but  a  narrow  meed  of  praise  :  it  is  a  been  of  foreign  origin.  ...This  is  not  as  it  should 

work  which  will  take  its  place  as  cosmopolitan  :  be;  and  we  welcome  Dr  Vines'  Lectures  on 

no  more  clear  or  concise  discussion  of  the  diffi-  the  Physiology  of  Plants  as  an  important  step 

cult  chemistry  of  metabolism  has  appeared....  towards   the   removal   of  this   reproach. ...The 

In  erudition   it   stands  alone   among   English  work  forms  an  important  contribution  to  the 

books,  and  will  compare  favourably  with  any  literature  of  the  subject.. ..It  will  be  eagerly 

foreign  competitors." — Nature,  welcomed  by  all  students,  and  must  be  in  the 

"It  has  long  been  a  reproach  to   English  hands  of  all  teachers."- — Academy. 

A   SHORT   HISTORY  OF  GREEK  MATHEMATICS. 

By  J.  Gow,  Litt.D.,  Fellow  of  Trinity  College.     Demy  8vo.     los.  6d. 
DIOPHANTOS    OF   ALEXANDRIA;    a    Study   in    the 
History   of  Greek   Algebra.      By  T.    L.    Heath,  M.A.,    Fellow   of 
Trinity  College,  Cambridge.     Demy  8vo.     js.  6d. 

"  This  study  in  the  history  of  Greek  Algebra  classification  of  Diophantus's  methods  of  solu- 

is  an  exceedingly  valuable  contribution  to  the  tion  taken  in  conjunction  with  the  invaluable 

history  of  mathematics."— ^caa't'w/j'.  abstract,  presents  the    English  reader  with   a 

"The    most    thorough    account    extant    of  capital  picture  of  what  Greek  algebraists  had 

Diophantus's  place,  work,  and  critics.  .  .  .  [The  really  accomplished.]" — Aihencpiaii. 

THE  FOSSILS  AND  PAL^ONTOLOGICAL  AFFIN- 
ITIES OF  THE  NEOCOMIAN  DEPOSITS  OF  UPWARE 
AND  BRICKHILL  with  Plates,  being  the  Sedgwick  Prize  Essay 
for  the  Year  1879.  By  the  late  W.  Keeping,  M.A.,  F.G.S.  Demy 
8vo.     los.  6d. 

A  CATALOGUE  OF  BOOKS  AND  PAPERS  ON  PRO- 
TOZOA, CCELENTERATES,  WORMS,  and  certain  smaller  groups 
of  animals,  published  during  the  years  1861 — 1883,  by  D'Arcy  W. 
Thompson,  M.A.    Demy  8vo.     12s.  6d. 

ASTRONOMICAL  OBSERVATIONS  made  at  the  Obser- 
vatory of  Cambridge  by  the  late  Rev.  James  Challis,  M.A.,  F.R.S., 
F.R.A.S.     For  various  Years,  from  1846  to  i860. 

ASTRONOMICAL  OBSERVATIONS  from  1861  to  1865. 
Vol.  XXI.  Royal  4to.  iss.  From  1866  to  1869.  Vol.  XXII. 
Royal  4to.  [^A'early  ready. 

A  CATALOGUE  OF  THE  COLLECTION  OF  BIRDS 

formed  by  the  late  H.  E.  Strickland,  now  in  the  possession  of  the 
University  of  Cambridge.  By  O.  Salvin,  M.A.  Demy8vo.  ^i.  is. 
A  CATALOGUE  OF  AUSTRALIAN  FOSSILS,  Strati- 
graphically  and  Zoologically  arranged,  by  R.  Etheridge,  Jun., 
F.G.S.     Demy  8vo.     los.  6d. 

ILLUSTRATIONS    OF   COMPARATIVE  ANATOMY, 

VERTEBRATE  AND  INVERTEBRATE,  for  the  Use  of  Stu- 
dents in  the  Museum  of  Zoology  and  Comparative  Anatomy.  Second 
Edition.     Demy  8vo.     2s.  6d. 

A  SYNOPSIS  OF  THE  CLASSIFICATION  OF  THE 
BRITISH  PALEOZOIC  ROCKS,  by  the  Rev.  Adam  Sedgwick, 
M.A.,  F.R.S.,  and  Frederick  M'^Coy,  F.G.S.  One  vol..  Royal  4to. 
Plates,  £1.  IS. 

A  CATALOGUE  OF  THE  COLLECTION  OF  CAM- 
BRIAN AND  SILURIAN  FOSSILS  contained  in  the  Geological 
Museum  of  the  University  of  Cambridge,  by  J.  W.  Salter,  F.G.S. 
With  a  Portrait  of  PROFESSOR  Sedgwick.     Royal  4to.     ys.  6d. 

CATALOGUE  OF  OSTEOLOGICAL  SPECIMENS  con- 
tained in  the  Anatomical  Museum  of  the  University  of  Cambridge. 
Demy  8vo.     2s.  6d. 

London  :  C.  J.  Cla  v  6~»  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE   UNIVERSITY  PRESS.  \% 


LAW. 

A  SELECTION  OF  CASES  ON  THE  ENGLISH  LAW 
OF  CONTRACT.  By  Gerard  Brown  Finxh,  M.A.,  of  Lincoln's 
Inn,  Barrister  at  Law  ;  Law  Lecturer  and  late  Fellow  of  Queens' 
College,  Cambridge.     Royal  8vo.     28^-. 

"An    invaluable    guide    towards    the     best    method     of    legal    study."  — i^aw    Quarterly 
Rez'ieiv.  _ 

THE  INFLUENCE  OF  THE  ROMAN  LAW  ON 
THE  LAW  OF   ENGLAND.     Being  the  Yorke  Prize  Essay  for 

1884.  By  T.  E.  SCRUTTON,  M.A.     Demy  8vo.     \os.  bd. 

"Legal  work  of  just  the  kind  that  a  learned  University  should   promote   by  its  prizes."— 
Law  Quarterly  Review. 

LAND    IN    FETTERS.     Being  the  Yorke  Prize  Essay  for 

1885.  By  T.  E.  SCRUTTON,  M.A.     Demy  8vo.     js.  6d. 

COMMONS  AND  COMMON  FIELDS,  OR  THE  HIS- 
TORY AND  POLICY  OF  THE  LAWS  RELATING  TO 
COMMONS  AND  ENCLOSURES  IN  ENGLAND.  Being  the 
Yorke  Prize  Essay  for  1886.  By  T.  E.  SCRUTTON,  M.A.  Demy  8vo. 
los.  6d. 

AN  ANALYSIS  OF  CRIMINAL  LIABILITY.  By  E.  C. 
Clark,  LL.D.,  Regius  Professor  of  Civil  Law  in  the  University  of  Cam- 
bridge, also  of  Lincoln's  Inn,  Barrister-at-Law.     Crown  8vo.    7s.  6d. 

"  Prof.  Clark's  little  book  is  the  substance  Students  of  jurisprudence   will  find   much    to 

of  lectures  delivered  by  him  upon  those  por-  interest  and  instruct  them  in  the  work  of  Prof, 

tions  of  Austin's  work  on  jurisprudence  which  Clark." — Athcnieuiii. 
deal   with   the    "operation   of  sanctions"  .  .  . 

PRACTICAL  JURISPRUDENCE,  a  Comment  on  Austin. 
By  E.  C.  Clark,  LL.D.     Crown  8vo.     c)s. 

"Damit   schliesst   dieses   inhaltreiche   und        tical  Jurisprudence."— Konig.  CcVz/rrt^Wa/^/dr 
nach  alien  Seiten  anregende  Buch  iiber  Prac-        Rechts^vissenschaft. 

A  SELECTION  OF  THE  STATE  TRIALS.     By  J.  W. 

Willis-Bund,  M.A.,  LL.B.,  Professor  of  Constitutional  Law  and 
History,  University  College,  London.  Crown  8vo.  Vols.  I.  and  II. 
In  3  parts.    Now  reduced  to  30^-.  (originally  pJiblishcd  at  46^-.) 

"This  work  is  a  verj'  useful  contribution  to  not  without   considerable  value  to   those  who 

that  important  branch  of  the  constitutional  his-  seek  information  with  regard  to  procedure  and 

tory  of  England  which  is  concerned  with  the  the  growth  of  the  law  of  evidence.     We  should 

growth  and  development  of  the  law  of  treason,  add  that  Mr  Willis-Bund  has  given  short  pre- 

as  it  may  be   gathered  from  trials  before  the  faces  and  appendices  to  the  trials,  so  as  to  form 

ordinary  courts.     The  author  has  very  wisely  a  connected  narrative  of  the  events  in  history 

distinguished   these   cases  from   those  of  im-  to  which  they  relate.^     We  can  thoroughly  re- 

peachment  for  treason  before  Parliament,  which  commend  the  book."— Z.rtif  Times 
he  proposes  to  treat  in  a  future  volume  under  "  To   a   large   class  of  readers   Mr   Willis- 

the  general  head 'Proceedings  in  Parliament.'"  Bund's  compilation   will   thus  be  of  great  as- 

—  The  Academy.  sistance,  for  he  presents  m  a  convenient  form  a 

"  This  is  a  work  of  such  obvious  utility  that  judicious  selection  of  the  principal  statutes  and 

the  only  wonder  is  that  no  one  .should  have  un-  the  leading  cases  bearing  on  the  crime  of  trea- 

dertaken  it  before  ...  In  many  respects  there-  son  ...  For  all  classes  of  readers  these  volumes 

fore,    althoi'gh    the    trials    are    more    or    less  possess  an  indirect  interest,  .arising  from  the 

abridged,  this  is  for  the  ordinary  student's  pur-  nature  of  the  cases  themselves,  from  the  men 

pose  not  only  a  more  handy,  but  a  more  useful  who  were  actors  in  them,  and  from  the  numerous 

work  than  Vio^itW^." —Saturday  Review.  points  of  social  life  which  are  incident.illy  illus- 

"  But,  although  the  book  is  most  interesting  trated  in  the  cour.se  of  the  trials.  —Atlujueum. 
to  the  historian  of  constitutional  law,  it  is  also 

THE    FRAGMENTS   OF   THE    PERPETUAL    EDICT 

OF  SALVIUS  JULIAN  US,  collected,  arranged,  and  annotated  by 
Bryan  Walker,  M.A.,  LL.D.,  late  Law  Lecturer  of  St  John's  College, 
and  Fellow  of  Corpus  Christi  College,  Cambridge.     Crown  8vo.     bs. 

"  In  the  present  book  we  have  the  fruits  of  such  a  student  will  be  inleic-,ted  as  well  .-is  per- 
the  same  kind  of  thorough  and  well-ordered  haps  surprised  to  find  how  abundantly  the  ex- 
study  which  was  brought  to  bear  upon  the  notes  tant  fragments  illustrate  and  cle.ir  up  pciiiits 
to  the  Commentaries  and  the  Institutes  .  .  .  which  have  attracted  his  attention  in  the  Lom- 
Hitherto  the  Edict  has  been  almost  inac-  meiitaries,  or  the  Institutes,  or  the  Digest.  — 
cessible  to  the  ordinary  English  student,  and  Law  Times. 


London  :   C.  J.  Cla  v  Qr*  SONS,  Cambridge  University  Tress  Warehouse, 

Ave  Maria  Lane. 


1 6  PUBLICATIONS   OF 

BRACTON'S  NOTE  BOOK.  A  Collection  of  Cases  de- 
cided in  the  King's  Courts  during  the  reign  of  Henry  the  Third, 
annotated  by  a  Lawyer  of  that  time,  seemingly  by  Henry  of  Bratton. 
Edited  by  F.  W.  Maitland  of  Lincoln's  Inn,  Barrister  at  Law, 
Reader  in  English  Law  in  the  University  of  Cambridge.  3  vols. 
Demy  8vo.     Buckram.    ^3.  3^^.     Net. 

AN  INTRODUCTION  TO  THE  STUDY  OF  JUS- 
TINIAN'S DIGEST.  Containing  an  account  of  its  composition 
and  of  the  Jurists  used  or  referred  to  therein.  By  Henry  John 
ROBY,  M.A.,  formerly  Prof,  of  Jurisprudence,  University  College, 
London.     Demy  8vo.     gj-. 

JUSTINIAN'S  DIGEST.  Lib.  VII.,  Tit.  I.  De  Usufructu 
with  a  Legal  and  Philological  Commentary.  By  H.  J.  RoBY,  M.A. 
Demy  8vo.     9^. 

Or  the  Two  Parts  complete  in  One  Volume.     Demy  8vo.     iSj. 

"  Not  an  obscurity,  philological,  historical,  tamed    and    developed.     Roman    law,   almost 

or  legal,  has  been  left  unsifted.     More  inform-  more  than  Roman  legions,  was  the  backbone 

ing  aid  still  has  been  supplied  to  the  student  of  of  the  Roman  commonwealth.     Mr  Roby,  by 

the  Digest  at  large  by  a  preliminary  account,  his  careful  sketch  of  the  sages  of  Roman  law, 

covering   nearly   300  pages,    of   the   mode    of  from     Sextus     Papirius,    under    Tarquin    the 

composition  of  the  Digest,  and  of  the  jurists  Proud,  to  the  Byzantine  Bar,  has  contributed  to 

whose  decisions  and   arguments  constitute  its  render  the  tenacity  and  durability  of  the  most 

substance.     Nowhere  else  can  a  clearer  view  enduring  polity  the  world  has  ever  experienced 

be  obtained  of  the  personal  succession  by  which  somewhat  more  intelligible." — The  Times. 
the  tradition  of  Roman  legal  science  was  sus- 

THE  COMMENTARIES  OF  GAIUS  AND  RULES  OF 

ULPIAN.  With  a  Translation  and  Notes,  by  J.  T.  Abdy,  LL.D., 
Judge  of  County  Courts,  late  Regius  Professor  of  Laws  in  the 
University  of  Cambridge,  and  Bryan  Walker,  M.A.,  LL.D.,  late 
Law  Lecturer  of  St  John's  College,  Cambridge,  formerly  Law  Student 
of  Trinity  Hall  and  Chancellor's  Medallist  for  Legal  Studies.  New 
Edition  by  Bryan  Walker.     Crown  8vo.     i6.y. 

"  As  scholars  and  as  editors  Messrs  Abdy  way    of   reference  or  necessary  explanation. 

and  Walker  have  done  their  work  well  .  .  .  For  Thus  the  Rojnan  jurist  is  allowed  to  speak  for 

one  thing  the  editors  deserve  special  commen-  himself,  and  the  reader  feels  that  he  is  really 

dation.      They  have  presented   Gains   to   the  studying  Roman  law  in  the  original,  and  not  a 

reader  with  few  notes  and   those  merely  by  fanciful  representation  of  it." — Athenceum 

THE  INSTITUTES  OF  JUSTINIAN,  translated  with 
Notes  by  J.  T.  Abdy,  LL.D.,  and  the  late  Bryan  Walker,  M.A., 
LL.D.     Crown  8vo.     its. 

"We  welcome  here  a  valuable  contribution  the  ordinary  student,  whose  attention  is  dis- 

to  the  study  of  jurisprudence.     The  text  of  the  tracted  from   the   subject-matter   by   the    dif- 

Instiiutes  is  occasionally  perplexing,  even  to  ficulty  of  struggling  through  the  language  in 

practised  scholars,  whose  knowledge  of  clas-  which  it  is  contained,  it  will  be  almost  indis- 

sical  models  does   not   always  avail   them   in  pensable." — Spectator. 

dealing  with  the  technicalities  of  legal  phrase-  "  The  notes  are  learned  and  carefully  com- 

ology.     Nor  can  the  ordinary  dictionaries  be  piled,  and  this  edition  will  be  found  useful  to 

expected  to  furnish  all  the  help  that  is  wanted.  students." — Law  Times. 
This  translation  will  then  be  of  great  use.     To 

SELECTED  TITLES  FROM  THE  DIGEST,  annotated 
by  the  late  B.  Walker,  M.A.,  LL.D.  Part  I.  Mandati  vel  Contra. 
Digest  XVIL  I.     Crown  8vo.     5^. 

Part  II.     De  Adquirendo  rerum  dominio  and  De  Adquirenda  vel 

amittenda  possessione.     Digest  XLL  i  and  11.     Crown  8vo.     6s. 

Part  III.    De  Condictionibus.    Digest  xn.  i  and 4 — 7  and  Digest 

xin.  I — 3.     Crown  8vo.     6^. 

GROTIUS  DE  JURE  BELLI  ET  PACIS,  with  the  Notes 
of  Barbeyrac  and  others ;  accompanied  by  an  abridged  Translation 
of  the  Text,  by  W.  Whewell,  D.D.  late  Master  of  Trinity  College. 
3  Vols.     Demy  8vo.     \2s.     The  translation  separate,  6j. 


London  :   C  J.  Cla  v  ^  Sons,  Cajnbridge  University  Press  Warehotise, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  17 


HISTORY. 

LIFE  AND  TIMES  OF  STEIN,  OR  GERMANY  AND 

PRUSSIA  IN  THE  NAPOLEONIC  AGE,  by  J.  R.  Seelev, 
M.A.,  Regius  Professor  of  Modern  History  in  the  University  of 
Cambridge,  with  Portraits  and  Maps.     3  Vols.     Uemy  8vo.     30^-. 

"  Dr  Bisch's  volume  has  made  people  think  are  apt  to  shiink." —  Times. 
and  talk  even  more  than  usual  of  Prince  Bis-  "  In  a  notice  of  this  kind  scant  justice  can 

marck,  and  Professor  Seeley's  very  learned  work  be  done  to  a  work  like  the  one  before  us;  no 

on  Stein  will  turn  attention  to  an  earlier  and  an  short  rA«;«/  can  give  even  the  most  meagre 

almost  equally  eminent  German  statesman.    1  notion  of  the  contents  of  these  volumes,  which 

has  been  the  good  fortune  of  Prince  Bismarck  contain  no  page  that  is  superfluous,  and  none 

to  help  to  raise  Prussia  to  a  position  which  she  that  is  uninteresting  ....  To  understand   the 

had  never  before  attained,  and  to  complete  the  Germany  of  to-day  one  must  study  the  Ger- 

work  of  German  unification.     The  frustrated  many  of  many  yesterdays,  and  now  that  study 

labours  of  Stein   in  the  same  field  were  also  has  been  made  easy  by  this  work,  to  which  no 

very  great,  and  well  worthy  to  be  taken  into  one   can  hesitate  to  assign  a  very  high  place 

account.     He  was   one,  perhaps  the  chief,  of  among  those  recent  histories  which  have  aimed 

the  illustrious  group  of  strangers  who  came  to  at  original  research." — Athenrpum. 
the  rescue  of  Prussia  in  her  darkest  hour,  about  "  We  congratulate  Cambridge  and  her  Pro- 

the  time  of  the  inglorious  Peace  of  Tilsit,  and  fessor  of  History  on  the  appearance  of  such  a 

who  laboured  to  put  life  and  order  into  her  noteworthy  production.    And  we  may  add  that 

dispirited  army,  her  impoverished  finances,  and  it  is  something  upon  which  we  may  congra- 

her  inefficient  Civil  Service.    Stein  strove,  too,  tulate  England  that  on  the  especial  field  of  the 

^no  man  more, — for  the  cause  of  unification  Germans,  history,  on  the  history  of  their  own 

when  it  seemed  almost  folly  to  hope  for  sue-  country,    by   the   use    of    their    own   literary 

cess.     Englishmen  will  feel   very   pardonable  weapons,  an  Englishman  has  produced  a  his- 

pride  at  seeing  one  of  their  countrymen  under-  tory  of  Germany  in  the    Napoleonic  age   far 

take  to  write  the  history  of  a  period  from  the  superior  to  any  that  exists  in  German." — Ex- 

investigation  of  which  even  laborious  Germans  aminer. 

THE  DESPATCHES  OF  EARL  GOVVER,  English  Am- 
bassador at  the  court  of  Versailles  from  June  1790  to  August  1793, 
to  which  are  added  the  Despatches  of  Mr  Lindsay  and  Mr  Munro, 
and  the  Diary  of  Lord  Palmerston  in  France  during  July  and 
August  1791.  Edited  by  Oscar  Browning,  M.A.,  Fellow  of  King's 
College,  Cambridge.     Demy  8vo.     \^s. 

THE  GROWTH  OF  ENGLISH  INDUSTRY  AND 
COMMERCE.  By  W.  Cunningham,  B.D.,  late  Deputy  to  the 
Knightbridge  Professor  in  the  University  of  Cambridge.  With 
Maps  and  Charts.     Crown  8vo.     izs. 

"Mr   Cunningham   is   not  likely  to  disap-  merce  have  grown.     It  is  with  the  process  of 

point  any  readers  except  such  as  begin  by  mis-  growth  that  he  is  concerned  ;  and  this  process 

taking  the  character  of  his  book.     He  does  not  he  traces  with  the  philosophical  insight  which 

promise,  and  does  not  give,  an  account  of  the  distinguishes  between  what   is   important   and 

dimensions  to  which  English  industry  and  com-  what  is  trivial." — Guardian. 

CHRONOLOGICAL  TABLES  OF  GREEK  PHSTORY. 

Accompanied  by  a  short  narrative  of  events,  with  references  to  the 
sources  of  information  and  extracts  from  the  ancient  authorities,  by 
Carl  Peter.  Translated  from  the  German  by  G.  Chawner, 
M.A.,  Fellow  of  King's  College,  Cambridge.     Demy  410.     \os. 

KINSHIP    AND    MARRIAGE    IN    EARLY   ARABIA, 

by  W.  Robertson  Smith,  M.A.,  LL.D.,  Fellow  of  Christ's  College 
and  University  Librarian.     Crown  8vo.     "]$.  bd. 

"It  would  be  superfluous  to  praise  a  book  ally   throws   light,   not   merely   on    the    social 

so  learned  and  masterly  as  Professor  Robertson  history  of  Araliia,  but  on  the  earlier  pass.iges 

Smith's;  it  is  enough  to  say  that  no  student  of  of   Old   Testament    history  ....   We   must   be 

early  history  can  afford  to  be  without  Kinship  grateful  lo  him  for  so  valuable  a  contribution 

in  Early  Arabia." — Nature.  to  the  early  history  of  social  organisation." — 

"  It  is  clearly  and  vividly  written,  full  of  Scotsman. 
curious  and  picturesque  material,  and  incident- 


London  :   C.  J.  Clav  dr'  SONS,  Cafubridffc  University  Press  Warehouse, 

Ave  Maria  Lane. 


1 8  PUBLICATIONS  OF 


TRAVELS  IN  NORTHERN  ARABIA  IN  1876  AND 
1877.  By  Charles  M.  Doughty,  of  Gonville  and  Caius  College. 
With  Illustrations  and  a  Map.     2  vols.     Demy  8vo.     ^^3.  y. 

HISTORY  OF  NEPAL,  translated  by  MUNSHI  Shew 
Shunker  Singh  and  Pandit  Shri  Gunanand;  edited  with  an 
Introductory  Sketch  of  the  Country  and  People  by  Dr  D.  Wright, 
late  Residency  Surgeon  at  Kathmandu,  and  with  facsimiles  of  native 
drawings,  and  portraits  of  Sir  J  UNO  Bahadur,  the  King  of  Nepal, 
&c.     Super-royal  8vo.     los.  6d. 

"The    Cambridge    University   Press   have  Introduction  is  based  on  personal  inquiry  and 

done  well  in  publishing  this  work.    Such  trans-  observation,  is  written  intelligently  and  can- 

lations  are  valuable  not  only  to  the  historian  didly,   and   adds   much   to    the   value   of   the 

but   also  to  the   ethnologist ;  .  .  .  Dr  Wright's  volume" — Nature. 

A  JOURNEY  OF  LITERARY  and  ARCHAEOLOGICAL 

RESEARCH  IN  NEPAL  AND  NORTHERN  INDIA,  during 
the  Winter  of  1884-5.  ^V  Cecil  Bendall,  M.A.,  Fellow  of  Gonville 
and  Caius  College,  Cambridge  ;  Professor  of  Sanskrit  in  University 
College,  London.     Demy  8vo.     los. 

THE    UNIVERSITY    OF    CAMBRIDGE    FROM    THE 

EARLIEST  TIMES  TO  THE  ROYAL  INJUNCTIONS  OF 
1535,  by  J.  B.  Mullinger,  M.A.,  Lecturer  on  History  and  Librarian 
to  St  John's  College.     Part  I.    Demy  8vo.  (734  pp.),  12s. 

Part  II.     From  the  Royal   Injunctions  of   1535  to  the  Accession  of 

Charles  the  First.     Demy  8vo.     i8s. 

"That  Mr  Mullinger's  work  should  admit  "Mr  Mullinger  has  succeeded  perfectly  in 

of  being  regarded  as  a  continuous  narrative,  presenting  the  earnest  and  thoughtful  student 

in   which   character   it    has   no    predecessors  with  a  thorough  and  trustworthy  historj'." — 

worth  mentioning,  is  one  of  the  many  advan-  Guardian. 

tages  it  possesses  over  annalistic  compilations,  "The  entire  work  is  a  model  of  accurate 

even  so  valuable  as  Cooper's,  as  well  as  over  and  industrious  scholarship.     The  same  quali- 

A//ie>iae."— Prof.  A.W.'Wardinthe  Acaiiony.  ties  that  distinguished  the  earlier  volume  are 

"  Mr   Mullinger's   narrative    omits   nothing  again  visible,  and  the  whole   is  still  conspi- 

which  is  required  by  the  fullest  interpretation  cuous  for  minuteness  and  fidelity  of  workman- 

of  his  subject.     He  shews  in  the   statutes  of  ship  and  breadth  and  toleration  of  view."— 

the  Colleges,  the  internal  organization  of  the  A'oies  and  Queries. 

University,  its  connection  with  national  pro-  "  Mr     Mullinger     displays      an     admirable 

blems,   its    studies,    its    social    life,    and    the  thoroughness  in  his  work.     Nothing  could  be 

activity  of  its  leading  members.     All  this  he  more  exhaustive   and  conscientious    than   his 

combines  in  a  form  which  is  eminently  read-  method:     and    his   style. ..is   picturesque  and 

able."-  Pkof.  Creighton  in  Cont.  Reviczv.  elevated." — Times. 

HISTORY  OF  THE  COLLEGE  OF  ST  JOHN  THE 
EVANGELIST,  by  Thomas  Baker,  B.D.,  Ejected  Fellow.  Edited 
by  John  E.  B.  Mayor,  M.A.     Two  Vols.    Demy  8vo.     245. 

"To  antiquaries  the  book  will  be  a  source  "The  work  displays  very  wide  reading,  and 

of  almost  inexhaustible  amusement,   by   his-  it  will  be  of  great  use  to  members  of  the  col- 

torians  it  will  be  found  a  work  of  considerable  lege  and  of  the   university,  and,  perhaps,  of 

service  on  questions  respecting  our  social  pro-  still  greater  use  to  students  of  English   his- 

gressinpast  times;  and  the  care  and  thorough-  tory,    ecclesiastical,    political,   social,   literary 

ness  with  which  Mr  Mayor  has  discharged  his  and  academical,  who  have  hitherto  had  to  be 

editorial  functions  are  creditable  to  his  learning  content  with  'Dyer.'" — Academy. 
and  industry." — AthentF7i»i. 

SCHOLAE  ACADEMICAL:  some  Account  of  the  Studies 
at  the  English  Universities  in  the  Eighteenth  Century.  By  Chris- 
topher Wordsworth,  M.A.,  Fellow  of  Peterhouse.  Demy  8vo. 
10s.  bd. 

"Mr   \Vordsworth    has    collected    a   great  education  and  learning."— .S"<r/'«>-(/a>' ^(?i'/t'T</. 
quantity    of  minute   and    curious  information  "Of  the  whole  volume  it  may  be  said  that 

about  the  working  of  Cambridge  institutions  in  it  is  a  genuine  service  rendered  to  the  study 

the  last  century,  with  an  occasional  comparison  of  University  history,    and  that  the  habits  of 

of  the  corresponding  state  of  things  at  O.xford.  thought  of  any  writer  educated  at  either  seat  of 

...  To  a  great  extent  it  is  purely  a  book  of  re-  learning  in  the  last  century  will,  in  many  cases, 

ference,  and  as  such  it  will  be  of  permanent  be  far  better  understood  after  a  consideration 

value  for  the  historical  knowledge  of  English  of  the  materials  here  collected." — Academy. 

London  :  C.  J.  Cla  v  &^  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  19 

THE  ARCHITECTURAL  HISTORY  OF  THE  UNI- 
VERSITY OF  CAMBRIDGE  AND  OF  THE  COLLEGES  OF 
CAMBRIDGE  AND  ETON,  by  the  late  Robert  Willis,  M.A. 
F.R.S.,  Jacksonian  Professor  in  the  University  of  Cambridge.  Edited 
with  large  Additions  and  brought  up  to  the  present  time  by  John 
Willis  Clark,  M.A.,  formerly  Fellow  of  Trinity  College,  Cam- 
bridge.    Four  Vols.     Super  Royal  8vo.    ^6.  ds. 

Also  a  limited  Edition  of  the  same,  consisting  of  120  numbered 
Copies  only,  large  paper  Quarto ;  the  woodcuts  and  steel  engravings 
mounted  on  India  paper  ;  price  Twenty-five  Guineas  net  each  set. 


MISCELLANEOUS. 

A  LATIX-EXGLISH  DICTIONARY.  Printed  from  the 
(Incomplete)  MS.  of  the  late  T.  H.  Key,  M.A.,  F.R.S.     Crown  4to. 

A  CATALOGUE  OF  ANCIENT  MARBLES  IN  GREAT 
BRITAIN,  by  Prof.  Adolf  Michaelis.  Translated  by  C.  A.  M. 
Fennell,  Lit't.  D.,  late  Fellow  of  Jesus  College.  Royal  8vo.  Rox- 
burgh (Morocco  back),  £2.  2s. 

"The  object  of  the  present  work  of  Mich-  to  the  Cambridge  Press.   It  has  not  been  printed 

aelis  is  to  describe  and  make  known  the  vast  in  German,  but  appears  for  the  first  time  in  the 

treasures  of  ancient  sculpture  now  accumulated  English  translation.     All  lovers  of  true  art  and 

in  the  galleries  of  Great  Britain  ...Waagen  gave  of  good  work  should  be  grateful  to  the  Syndics 

to  the  private  collections  of  pictures  the  ad-  of  the  University  Press  for  the  liberal  facilities 

vantage  of  his  inspection   and  cultivated  ac-  afforded   by  them  towards   the   production  of 

quaintance  with  art,  and  now  Michaelis   per-  this  important  volume  by  Professor  Michaelis." 

forms  the  same  office  for  the  still  less  known  — Saturday  Revieiu.  * 

private  hoards  of  antique  sculptures  for  which  '"  Professor  Michaelis  has  achieved  so   high 

our  country'  is   so   remarkable.     The   book  is  a  fame  as  an  authority  in  classical  archaeology 

beautifully  executed,  and  with  its  few  handsome  that   it   seems    unnecessary   to   say  how  good 

plates  and  e.xcellent  inde.xes,  does  much  credit  a  book  this  is."—  T/ie  Antiguary. 

RHODES  IN  ANCIENT  TIMES.     By  Cecil  Torr,  M.A. 

With  six  plates.     Demy  8vo.     \os.  6d. 
RHODES  IN  MODERN  TIMES.     By  the  same  Author. 
With  three  plates.     Demy  8vo.     %s. 

CHAPTERS  ON  ENGLISH  METRE.     By  Rev.  Joseph 

B.  Mayor,  M.A.     Demy  8vo.     7s.  6d. 
THE    WOODCUTTERS    OF    THE    NETHERLANDS 

during  the  last  quarter  of  the  Fifteenth  Century.     In  three  parts. 

I.     History  of  the  Woodcutters.     II.    Catalogue  of  their  Woodcuts. 

III.    List  of  the  Books  containing  Woodcuts.    By  WiLLlAM  MARTIN 

Conway.     Demy  Svo.     \os.  6d. 
THE   LITERATURE   OF    THE    FRENCH    RENAIS- 
SANCE.    An  Introductory  Essay.     By  A.  A.  Tilley,  M.A.,  Fellow 

and  Tutor  of  King's  College,  Cambridge.     Crown  Svo.     6s. 
A  GRAMMAR  OF  THE  IRISH  LANGUAGE.     By  Prof. 

WiNDlSCH.    Translated  by  Dr  Norman  Moore.   Crown  8vo.    7s.  6d. 
LECTURES  ON  TEACHING,  delivered  in  the  University 

of  Cambridge  in  the  Lent  Term,  1880.    By  J.  G.  FlTCH,  M.A.,  LL.D. 

Her  Majesty's  Inspector  of  Training  Colleges.   Cr.  Svo.  New  Edit.  5^. 

"  As  principal  of  a  training  college  and  as  a  "Therefore,  without  reviewing  the  book  for 

Government  inspector  of  schools,  Mr  Fitch  has  the  second  time,  we  are  glad  to  avail  ourselves 

got  at  his  fingers'  ends  the  working  of  primary  of  the  opportunity  of  calling  attention  to  the 

education,  while   as  assistant  commissioner  to  re-issue  of  the  volume  in  the  five-shilling  form, 

the  late  Endowed  Schools  Commission  he  has  bringing  it  within  the  reach  of  the   rank  and 

seen  something  of  the  machinery  of  our  higher  file  of  the  profession.     We  cannot  let  the  oc- 

schools  ...  Mr  Fitch's  book  covers  so  wide  a  casion  pass  without  making  special  reference  to 

field  and  touches  on  so  many  burning  questions  the  excellent  section  on  'punishments'  in  the 

that  we   must  be  content  to  recommend  it  as  lecture  on 'Dhci\>V\ne.' "—Sc/too/JSoard  C/i ran- 

the  best  existing  vade  mccuin  for  the  teacher."  tele. 
—Pall  Mall  Gazette. 

For  Other  books  on  Education,  see  Pitt  Press  Series,  pp.  30,  31. 


London:  C.  J.  Clay  is"  Sons,  Camhridi^e  University  Press  Warehouse, 

Ave  Maria  Lane. 


20  PUBLICATIONS   OF 

EPISTVLAE  ORTELIANAE.    Abrahami  Ortelii  (Geo- 

graphi  Antverpiensis)  et  virorvm  ervditorvm  ad  evndem  et  ad 
Jacobvm  Colivm  OrtelianVjM  (Abrahami  Ortelii  sororis  filivm) 
Epistvlae.  Cvm  aliqvot  aliis  epistvlis  et  tractatibvs  qvibvsdam  ab 
vtroqve  coUectis  (1524 — 1628).  Ex  avtographis  mandante  Ecclesia 
Londino-batava  edidit  JOANNES  Henricvs  Hessels.  Demy  4to. 
£1.  \os.     Net. 

FROM  SHAKESPEARE  TO  POPE:  an  Inquiry  into 
the  causes  and  phenomena  of  the  rise  of  Classical  Poetry  in  England. 
By  Edmund  Gosse,  M.A.     Crown  8vo.    ds. 

STUDIES  IN  THE  LITERARY  RELATIONS  OF 
ENGLAND  WITH  GERMANY  IN  THE  SIXTEENTH 
CENTURY.     By  C.  H.  Herford,  M.A.     Crown  Svo.     9^. 

ADMISSIONS  TO  GONVILLE  AND  CAIUS  COLLEGE 

IN  THE    UNIVERSITY  OF   CAMBRIDGE    March    1558—9  to 

Jan.   1678 — 9.     Edited   by  J.  Venn,   Sc.D.,    Senior   Fellow   of  the 

College,  and  S.  C.  Venn.     Demy  Svo.     10^. 
CATALOGUE    OF    THE    HEBREW    MANUSCRIPTS 

preserved  in   the   University    Library,  Cambridge.     By    Dr    S.    M. 

Schiller-Szinessy.     Volume    I.  containing    Section   i.    The  Holy 

Scriptures;  Section  ll.    Conuiientaries  on  the  Bible.    Demy  8vo.    9^. 
A  CATALOGUE  OF  THE  MANUSCRIPTS   preserved 

m  the  Library  of  the  University  of  Cambridge.     Demy  Svo.    5  Vols. 

loj.  each.     INDEX  TO  THE  CATALOGUE.     Demy  Svo.     los. 
A  CATALOGUE  OF  ADVERSARIA  and  printed  books 

containing  MS.  notes,  preserved  in  the  Library  of  the  University  of 

Cambridge.     3^-.  6d. 

THE  ILLUMINATED  MANUSCRIPTS  IN  THE  Li- 
brary of  the  Fitzwilliam  Museum,  Catalogued  with  Descriptions,  and 
an  Introduction,  by  W.  G.  Searle,  M.A.     Demy  Svo.     7^-.  6d. 

A  CHRONOLOGICAL  LIST  OF  THE  GRACES, 
Documents,  and  other  Papers  in  the  University  Registry  which 
concern  the  University  Library.     Demy  Svo.     2s.  6d. 

CATALOGUS  BIBLIOTHEC^  BURCKHARDTIANrE. 
Demy  4to.     5.?. 

GRADUATI  CANTABRIGIENSES  :  SIVE  CATA- 
LOGUS exhibens  nomina  eorum  quos  ab  Anno  Academico  Admis- 
sionum  MDCCC  usque  ad  octavum  diem  Octobris  MDCCCLXXXIV 
gradu  quocunque  ornavit  Academia  Cantabrigiensis,  e  libris  sub- 
scriptionum  desumptus.  Cura  Henrici  RICHARDS  LUARD  S.  T.  P. 
Coll.  SS.  Trin.  Socii  atque  Academife  Registrarii.   Demy  Svo.    12^-.  6d. 

STATUTES  OF  THE  UNIVERSITY  OF  CAMBRIDGE 
and  for  the  Colleges  therein,  made  published  and  approved  (187S — 
1 882)  under  the  Universities  of  Oxford  and  Cambridge  Act,  1S77. 
With  an  Appendix.     Demy  Svo.      i6j-. 

STATUTES  OF  THE  UNIVERSITY  OF  CAMBRIDGE. 

With  Acts  of  Parliament  relating  to  the  University.     Svo.     3^-.  6d. 

ORDINANCES  OF  THE  UNIVERSITY  OF  CAM- 
BRIDGE.    Demy  Svo.,  cloth.     7s.  6d. 

TRUSTS,  STATUTES  AND  DIRECTIONS  affecting 
(i)  The  Professorships  of  the  University.  (2)  The  Scholarships 
and  Prizes.     (3)    Other  Gifts  and  Endowments.     Demy  Svo.     5^-. 

COMPENDIUM  OF  UNIVERSITY  REGULATIONS, 
for  the  use  of  persons  in  Statu  Pupillari.     Demy  Svo.     6d. 

London :  C.  J.  Cla  y  &=  Sons,  Cainbridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  21 


Clje   Cambrltiae   Bible   for 
^djools  anti   CoUtcjcs. 

General  Editor  :    The  Very  Reverend  J.  J.  S.  Perowne,  D.D., 

Dean  of  Peterborough. 


"  It  is  difficult  to  commend  too  highly  this  excellent  series,  the  volumes  of  which  are  now 
becoming  numerous." — Guardian. 

"The  modesty  of  the  general  title  of  this  series  has,  we  believe,  led  many  to  misunderstand 

Its  character  and  underrate  its  value.  The  books  are  well  suited  for  study  in  the  upper  forms  of 
our  best  schools,  but  not  the  less  are  they  adapted  to  the  wants  of  all  Bible  students  who  are  not 
specialists.  We  doubt,  indeed,  whether  any  of  the  numerous  popular  commentaries  recently 
issued  in  this  country  will  be  found  more  serviceable  for  general  use." — Academy. 

"  One  of  the  most  popular  and  useful  literary  enterprises  of  the  nineteenth  century." — Baitist 
Magazine. 

"  Of  great  value.  The  whole  series  of  comments  for  schools  is  highly  esteemed  by  students 
capable  of  forming  a  judgment.  The  books  are  scholarly  without  being  pretentious:  information 
is  so  given  as  to  be  easily  understood." — Sword  a  fid  Trozvel. 

The  Very  Reverend  J-  J-  S.  Perowne,  D.D.,  Dean  of  Peterborough,  has 
undertaken  the  general  editorial  supervision  of  the  work,  as.sisted  by  a  staff  of 
eminent  coadjutors.  Some  of  the  books  have  been  already  edited  or  undertaken 
by  the  following  gentlemen  : 

Rev.  A.  Carr,  "isl.K.,  late  Assistant  Master  at  Wellington  College. 

Rev.  T.  K.  Cheyne,  M.A.,  D.D.,  late  Fellow  of  Balliol  College,  Oxford. 

Rev.  S.  Cox,  Nottinghatn. 

Rev.  A.  B.  Davidson,  D.D.,  Professor  of  Hebrew,  Edinburgh. 

The  Ven.  F.  W.  Farrar,  D.D.,  Archdeacon  of  Westrninster. 

Rev.  C.  D.  GiNSBURG,  LL.D. 

Rev.  A.  E.  Humphreys,  M.A.,  late  Fello7u  of  Trinity  College,  Cambridge. 

Rev.  A.  F.  KiRKPATRiCK,  M.A.,  Fellozu  of  Trinity  College,  A'egiies  Professor 

of  Hebrew. 
Rev.  J.  J.  Lias,  M.A.,  late  Professor  at  St  David's  College,  Lampeter. 
Rev.  J.  R.  LuMBY,  D.D.,  A^orrisian  Professor  of  Divinity. 
Rev.  G.  F.  Maclear,  D.D.,  Warden  of  St  Augustine's  College,  Canterbury. 
Rev.  H.  C.  G.  MouLE,   M.A.,   late  Fellow  of  Tri7iity  College,   Principal  of 

Ridley  Hall,  Cambridge. 
Rev.  W.  F.  MouLTON,  D.D.,  Head  Master  of  the  Leys  School,  Cambridge. 
Rev.  E.  H.  Perowne,  D.D.,  Master  of  Corpus  Christi  College,  Cambridge. 
The  Ven.  T.  T.  Perowne,  B.D.,  Archdeacon  of  Nonvich. 
Rev.  A.  Plummer,  M.A.,  D.D.,  Master  of  University  College,  Durham. 
The  Very  Rev.  E.  H.  Plumptre,  D.D.,  Dean  of  Wells. 
Rev.  H.  E.  Ryle,  M.A.,  Hulsean  Professor  of  Divinity. 
Rev.  W.  SiMCOX,  M.A.,  Rector  of  Wty hill,  Hants. 
W.  Robertson  Smith,  M.A.,  P'elloiv  of  Christ's  College,  and  University 

Librarian. 
The  Very  Rev.  H.  D,  M.  Spence,  M.A.,  Dean  of  Gloucester. 
Rev.  A.  W.  Streane,  M.A.,  Feltoiu  of  Corpus  Christi  College,  Cambridge. 


London:  C.  J .  Clav  &*  SONS,  Cambridi^e  University  Prcs.^  U'an'/ioi/.'ir, 

Ave  Maria  Lane. 


22  PUBLICATIONS  OF 


THE  CAMBRIDGE  BIBLE   FOR  SCHOOLS  &  COLLEGES. 

Continued. 

Now  Ready.    Cloth,  Extra  Fcap.  8vo. 
THE  BOOK  OF  JOSHUA.     By  the  Rev.  G.  F.  Maclear,  D.D. 

With  2  Maps.     is.  6d. 
THE    BOOK    OF    JUDGES.      By   the    Rev.   J.   J.   Lias,    M.A. 

With  Map.     y.  6d. 
THE    FIRST    BOOK    OF    SAMUEL.     By   the   Rev.    Professor 

KiRKPATRiCK,  M.A.     With  Map.     y.  6d. 
THE   SECOND   BOOK   OF   SAMUEL.     By  the  Rev.  Professor 

KiRKPATRiCK,  M.A.     With  2  Maps.     y.  6d. 

THE  FIRST  BOOK  OF  KINGS.  By  Rev.  Prof  Lumby,  D.D.  3^.6^^. 

THE  SECOND  BOOK  OF  KINGS.     By  the  same  Editor,    y.  6d. 

THE  BOOK  OF  JOB.     By  the  Rev.  A.  B.  Davidson,  D.D.     $s. 

THE  BOOK  OF  ECCLESIASTES.  By  the  Very  Rev.  E.  H. 
Plumptre,  D.D.,  Dean  of  Wells.     5^. 

THE    BOOK   OF   JEREMIAH.     By  the    Rev.  A.  W.   Streane, 

M.A.     With  Map.     45.  6d. 
THE  BOOK  OF  HOSEA.    By  Rev.  T.  K.  Cheyne,  M.A.,  D.D.  zs. 
THE  BOOKS  OF  OBADIAH  AND  JONAH.     By  Archdeacon 

PeROWNE.      2S.  dd. 

THE  BOOK  OF  MICAH.     By  Rev.  T.  K.  Cheyne,  D.D.     i^.  6d. 

THE  BOOKS  OF  HAGGAI  AND  ZECHARIAH.  By  Arch- 
deacon Perowne.     y. 

THE  GOSPEL  ACCORDING  TO  ST  MATTHEW.  By  the 
Rev.  A.  Carr,  M.A.     With  2  Maps.     2s.  6d. 

THE  GOSPEL  ACCORDING  TO  ST  MARK.  By  the  Rev. 
G.  F.  Maclear,  D.D.     With  4  Maps.     2s.  6d. 

THE  GOSPEL  ACCORDING  TO  ST  LUKE.  By  Archdeacon 
F.  W.  Farrar.     With  4  Maps.     4J-.  6d. 

THE   GOSPEL   ACCORDING   TO   ST   JOHN.      By   the   Rev. 

A.  Plummer,  M.A.,  D.D.     With  4  Maps.     ^s.  6d. 
THE    ACTS    OF    THE    APOSTLES.      By   the   Rev.    Professor 

Lumby,  D.D.     With  4  Maps.     ^s.6d. 
THE    EPISTLE   TO   THE   ROMANS.     By  the  Rev.  H.  C.  G. 

Moule,  M.A.     3^.  6d. 
THE  FIRST  EPISTLE  TO  THE  CORINTHIANS.    By  the  Rev. 

J.  J.  Lias,  M.A.     With  a  Map  and  Plan.     2s. 
THE  SECOND   EPISTLE  TO  THE  CORINTHIANS.     By  the 

Rev.  J.  J.  Lias,  M.A.     2s. 
THE  EPISTLE  TO  THE  EPHESIANS.     By  the  Rev.  H.  C  G. 

MouLE,  M.A.     2^.  6d. 
THE  EPISTLE  TO  THE  HEBREWS.    By  Arch.  Farrar.    35.  6d. 

THE  GENERAL  EPISTLE  OF  ST  JAMES.     By  the  Very  Rev. 

E.  H.  Plumptre,  D.D.,  Dean  of  Wells,     is.  6d. 
THE    EPISTLES    OF   ST   PETER   AND   ST   JUDE.     By   the 

same  Editor.     2s.  6d. 
THE   EPISTLES   OF   ST   JOHN.      By  the    Rev.  A.  Plummer, 

M.A.,  D.D.     y.6d. 

London:   C.  J.  Clay S^  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE   UNIVERSITY  PRESS.  23 


THE  CAMBRIDGE   BIBLE  FOR  SCHOOLS  &  COLLEGES. 

Conti7iued. 

Preparing-. 

THE  BOOK  OF  GENESIS.  By  the  Very  Rev.  the  Dean  of 
Peterborough. 

THE  BOOKS  OF  EXODUS,  NUMBERS  AND  DEUTERO- 
NOMY.    By  the  Rev.  C.  D.  Ginsburg,  LL.D. 

THE  BOOKS  OF  EZRA  AND  NEHExMIAH.  By  the  Rev. 
Prof.  Ryle,  M.A. 

THE  BOOK  OF  PSALMS.     By  the  Rev.  Prof.  Kirkpatrick,  M.A. 

THE  BOOK  OF  ISAIAH.     By  W.  Robertson  Smith,  M.A. 

THE  BOOK  OF  EZEKIEL.     By  the  Rev.  A.  B.  Davidson,  D.D. 

THE  EPISTLE  TO  THE  GALATIANS.  By  the  Rev.  E.  H. 
Perowne,  D.D. 

THE  EPISTLES  TO  THE  PHILIPPIANS,  COLOSSIANS 
AND    PHILEMON.     By  the  Rev.  H.  C.  G.  Moule,  M.A. 

THE  EPISTLES  TO  THE  THESSALONIANS.  By  the  Rev. 
W.  F.  MouLTOX,  D.D. 

THE  BOOK  OF  REVELATION.    By  the  Rev.  W.  Simcox,  M.A. 

THE    CAMBRIDGE    GREEK    TESTAMENT 

FOR   SCHOOLS   AND   COLLEGES, 

with  a  Revised  Text,  based  on  the  most  recent  critical  authorities,  and 

EngHsh  Notes,  prepared  under  the  direction  of  the  General  Editor, 

The  Very  Reverend  J.  J.  S.  PEROWNE,  D.D. 

Now    Ready. 
THE   GOSPEL    ACCORDING    TO    ST    MATTHEW.     By   the 

Rev.  A.  Carr,  M.A.     With  4  Maps.     4J-.  dd. 
"Copious  illustrations,  gathered  from  a  great  variety  of  sources,  make  his  notes  a  very  valu- 
able aid  to  the  student.     They   are   indeed   remarkably  interesting,  while   all   explanations   on 
meanings,  applications,   and   the   like   are   distinguished   by   their  lucidity  and   good   sense." — 
Pall  Mall  Gazette. 

THE   GOSPEL   ACCORDING   TO   ST    MARK.     By  the  Rev. 

G.  F.  Maclear,  D.D.     With  3  Maps.     \s.  6d. 

'•The  Cambridge  Greek  Testament,  of  which  Dr  Maclear's  edition  of  the  Gospel  according  to 
St  Mark  is  a  volume,  certainly  supplies  a  want.  Without  pretending  to  compete  with  the  Iciding 
commentaries,  or  to  embody  very  much  original  research,  it  forms  a  most  satisfactory  introduction 
to  the  study  of  the  New  Testament  in  the  origmal  .  .  .  Dr  Maclear's  introduction  contains  all  that 
is  known  of  St  Mark's  life,  with  references  to  passages  in  the  New  Testament  in  which  he  is 
mentioned  ;  an  account  of  the  circumstances  in  which  the  Gospel  was  composed,  with  an  estimate 
of  the  influence  of  St  Peter's  teaching  upon  St  Mark  ;  an  e.xcellent  sketch  of  the  special  character- 
istics of  this  Gospel ;  an  analysis,  and  a  chapter  on  the  text  of  the  New  Testament  generally  .  .  . 
The  work  is  completed  by  three  good  maps." — Saturday  /\e7Jie7u. 

THE  GOSPEL  ACCORDING  TO  ST  LUKE.     By  Archdeacon 

Farrar.     With  4  Maps.     6s. 
THE  GOSPEL  ACCORDING  TO  ST  JOHN.     By  the  Rev.  A. 

Plummer,  ^LA.,  D.D.     With  4  Maps.     65. 

"A  valuable  addition  has  also  been  made  to  'The  Cambridge  Greek  Testament  for  Schools,' 
Dr  Plummer's  notes  on  '  the  Gospel  according  to  St  John '  are  scholarly,  concise,  and  instructive, 
and  embody  the  results  of  much  thought  and  wide  reading." — Expositor. 

THE  ACTS  OF  THE  APOSTLES.    By  the  Rev.  Prof.  Lumby,  D.D., 

with  4  Maps.     6s. 
THE   FIRST    EPISTLE   TO    THE    CORINTHIANS.     By   the 

Rev.  [.  ].  Lias,  M.A.     ^s. 
THE  SECOND  EPISTLE  TO  THE  CORINTHIANS.     By  the 

Rev.  J.  J.  Lias,  M.A.  [Tfrpar//i(^. 

THE  EPISTLE  TO  THE  HEBREWS.     By  Archdeacon  Fakrar. 

THE  EPISTLES  OF  ST  JOHN.  By  the  Rev.  A.  Plummer] 
M.A.,  D.D.     4.r. 

London:   C.  J.  Clav Sr'  SoN.s\  C.amhridi:^e  University  Press  Warehouse^ 

Ave  Maria  Lane. 


24  PUBLICATIONS  OF 


THE    PITT    PRESS    SERIES. 

[  Copies  of  the  Pitt  Press  Series  may  generally  be  obtained  boimd  in  two  parts  for 
Class  use,  the  text  and  notes  in  sepa)-ate  volumes.'\ 

I.     GREEK. 

SOPHOCLES.— OEDIPUS  TYRANNUS.  School  Edition, 

with  Introduction  and  Commentary,  by  R.  C.  Jebb,  Litt.  D.,  LL.D.,  Professor 
of  Greek  in  the  University  of  Glasgow.      \s.  6d. 

XENOPHON.— ANABASIS,    Books    I.    III.    IV.  and  V. 

With  a  Map  and  English  Notes  by  Alfred  Pretor,  M.A.,  Fellow  of 
St  Catharine's  College,  Cambridge,     is.  each. 

"We  welcome  this  addition  to  the  other  books  of  the  Anabasis  so  ably  edited  by  Mr  Pretor. 
Although  originally  intended  for  the  use  of  candidates  at  the  university  local  examinations,  yet 
this  edition  will  be  found  adapted  not  only  to  meet  the  wants  of  the  junior  student,  but  even 
advanced  scholars  will  find  much  in  this  work  that  will  repay  its  perusal." — The  Schoolmaster. 

"Mr  Pretor's  'Anabasis  of  Xenophon,  Book  IV.'  displays  a  union  of  accurate  Cambridge 
scholarship,  with  experience  of  what  is  required  by  learners  gained  in  examining  middle-class 
schools.  The  text  is  large  and  clearly  printed,  and  the  notes  explain  all  difficulties.  .  .  .  Mr 
Pretor's  notes  seem  to  be  all  that  could  be  wished  as  regards  grammar,  geography,  and  other 
matters." — The  Academy. 

BOOKS  II.  VI.  and  VII.    By  the  same  Editor.     2s.  6d.  each. 

"Another  Greek  text,  designed  it  would  seem  for  students  preparing  for  the  local  examinations, 
is  'Xenophon's  Anabasis,'  Book  II.,  with  English  Notes,  by  Alfred  Pretor,  M.A.  The  editor  has 
exercised  his  usual  discrimination  in  utilising  the  text  and  notes  of  Kuhner,  with  the  occasional 
assistance  of  the  best  hints  of  Schneider,  Vollbrecht  and  Macmichael  on  critical  matters,  and  of 
Mr  R.  W.  Taylor  on  points  of  history  and  geography.  .  .  When  Mr  Pretor  commits  himself  to 
Commentator's  work,  he  is  eminently  helpful.  .  .  Had  we  to  introduce  a  young  Greek  scholar 
to  Xenophon,  we  should  esteem  ourselves  fortunate  in  having  Pretor's  text-book  as  our  chart  and 
guide." — Contemporary  Revieiv. 

XENOPHON.— ANABASIS.     By  A.  Pretor,  M.A.,  Text 

and  Notes,  complete  in  two  Volumes,     ^s.  6d. 

XENOPHON.— AGESILAUS.     The     Text     revised     with 

Critical  and  Explanatory  Notes,  Introduction,  Analysis,  and  Indices.  By 
H.  Hailstone,  M.A.,  late  Scholar  of  Peterhouse.     is.  6d. 

XENOPHON.— CYROPAEDEIA.  Books  I.  II.  With  In- 
troduction, Notes  and  Map.  By  Rev.  H.  A.  Holden,  M.A.,  LL.D. 
2  vols.     Vol.  I.  Text.     Vol.  II.  Notes.     6s. 

Books  III.,  IV.,  V.     By  the  same  Editor.     5^-. 

ARISTOPHANES— RANAE.     With   English    Notes   and 

Introduction   by  W.  C.  Green,    M.A.,    late    Assistant    Master   at    Rugby 

ARISTOPHANES— AVES.     By  the  same   Editor.     Nczv 

Edition,     y.  6d. 
"The  notes  to  both  plays  are  excellent.     Much  has  been  done  in  these  two  volumes  to  render 
the  study  of  Aristophanes  a  real  treat  to  a  boy  instead  of  a  drudgery,  by  helping  him  to  under- 
stand the  fun  and  to  express  it  in  his  mother  tongue."— TAf  Examiner. 

ARISTOPHANES— PLUTUS.    By  the  same  Editor,   ^s.^d. 
HOMER— ODYSSEY,  Book  IX.    With  Introduction,  Notes 
and  Appendices.     By  G.  M.  Edwards,  M.A.     2s.  6d. 

PLATONIS  APOLOGIA  SOCRATIS.    With  Introduction, 

Notes  and  Appendices  by  J.  Adam,  B.A.,  Fellow  and  Classical  Lecturer  of 
Emmanuel  College,     y.  6d. 
"A  worthy  representative  of  English  Scholarship." — Classical  Revieiv. 

CRITO.     With    Introduction,  Notes  and    Appendix. 

By  the  same  Editor.     2S.  6d. 

HERODOTUS,  Book  VIII.,  Chaps.  1—90.     Edited  with 

Notes  and  Introduction  by  E.  S.  Shuckburgh,  M.A.,  late  Fellow  of 
Emmanuel  College.     3^-.  6d. 

HERODOTUS,   Book   IX.,   Chaps.   1—89.     By  the  same 

Editor,     y.  6d. 

Londoti :   C.  J.  Cla  v  (St*  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE  CAMBRIDGE   UNIVERSITY  PRESS.  25 


EURIPIDES.         HERCULES      FURENS.         With     Intro- 
ductions, Notes  and  Analysis.  By  A.  Gray,  M.A.,  Fellow  of  Jesus  College, 
and  J.  T.  Hutchinson,  M.A.,  Christ's  College.     New  Edition.  _  2s. 
"Messrs  Hutchinson  and  Gray  have    produced  a   careful  and  useful  tA\Uon."—Saturday 

Rt'7'it'zu. 

EURIPIDES.    HERACLEID/E.    With    Introduction    and 

Critical  Notes  by  E.  A.  Beck,  M.A.,  Fellow  of  Trinity  Hall.     3^.  6(/. 

LUCIANI    SOMNIUM   CHARON  PISCATOR  ET  DE 

LUCTU,   with    English    Notes    by  W.  E.   Heitland,    M.A.,    Fellow  of 
St  John's  College,  Cambridge.     New  Edition,  with  Appendix,     ^s.  td. 

PLUTARCH'S  LIVES  OF  THE  GRACCHI.  With  Intro- 
duction, Notes  and  Lexicon  by  Rev.  Hubert  A.  Holden,  M.A.,  LL.D.    6s. 

PLUTARCH'S  LIFE  OF  SULLA.  With  Introduction, 
Notes,  and  Lexicon.     By  the  Rev.  Hubert  A.  Holden,  M.A.,  LL.D.     6s. 

PLUTARCH'S  LIFE  OF  NICIAS.  With  Introduction 
and  Notes.     By  Rev.  Hubert  A.  Holden,  M.A.,  LL.D.     5^. 

OUTLINES  OF  THE  PHILOSOPHY  OF  ARISTOTLE. 

Edited  by  E.  Wallace,  M.A.    (See  p.  31.) 


II.     LATIN. 

HORACE— EPISTLES,  Book  I.  With  Notes  and  Intro- 
duction by  E.  S.  Shuckburgh,  M.A.,  late  Fellow  of  Emmanuel  College. 
2s.  6d. 

LIVY.     Book  XXL     With  Notes,  Introduction  and  Maps. 

By  M.  S.  DiMSDALE,  M.A.,  Fellow  of  King's  College,     is.  6d. 

M.    T.  CICERONIS     DE    AMICITIA.     Edited    by  J.  S. 

Reid,  Litt.  D.,  Fellow  and  Tutor  of  Gonville  and  Caius  College.  New 
Edition,  with  Additions.     35.  6d.  . 

"Mr  Reid  has  decidedly  attained  his  aim,  namely,  'a  thorough  examination  of  the  Latinity 

of  the  dialogue. ' The  revision  of  the  text  is  most  valuable,  and  comprehends   sundry 

acute  corrections.  .  .  .  This  volume,  like  Mr  Reid's  other  editions,  is  a  solid  gain  to  the  scholar- 
ship of  the  country."— ^//;^««z<>«.  ,,  ,     ,  ,        ,.  .  /•    u      r. 

"A  more  distinct  gain  to  scholarship  is  Mr  Reid's  able  and  thorough  edition  of  the  Ue 
Amicitia  of  Cicero,  a  work  of  which,  whether  we  regard  the  exhaustive  introduction  oj"  the 
instructive  and  most  suggestive  commentary,  it  would  be  difficult  to  speak  too  highly.  .  .  .  \V  hen 
we  come  to  the  commentary,  we  are  only  amazed  by  its  fulness  in  proportion  to  Us  bulk. 
Nothing  IS  overlooked  which  can  tend  to  enlarge  the  learner's  general  knowledge  of  Ciceronian 
Latin  or  to  elucidate  the  te.x.t." —Sattirday  Review. 

M.  T.  CICERONIS  CATO  MAJOR  DE  SENECTUTE. 

Edited  by  J.  S.  Reid,  Litt.  D.     Revised  Edition,     y.  6d. 
"  The  notes  are  excellent  and  scholarlike,  adapted  for  the  upper  forms  of  public  schools,  and 
likely  to  be  useful  even  to  more  advanced  students." — Guardian. 

M.  T.  CICERONIS  ORATIO    PRO   ARCHIA   POETA. 

Edited  by  J.  S.  Reid,  Litt.  1).  Revised  Edition.  2s. 
"  It  IS  an  admirable  specimen  of  careful  editing.  An  Introduction  tells  us  everything  we  could 
wish  to  know  about  Archias,  about  Cicero's  connexion  with  him,  about  the  merits  of  the  trial,  and 
the  genuineness  of  the  speech.  The  text  is  well  and  carefully  printed.  1  he  notes  are  clear  and 
scholar-like.  ...  No  boy  can  master  this  little  volume  without  feeling  that  he  has  advanced  a  long 
step  in  scholarship."— r/i^  Academy. 

M.  T.  CICERONIS  PRO  L.  CORNELIO  BALBO   ORA- 

TIO.     Edited  by  J.  S.  Reid,  Litt.  D.     is.6d. 

"  We  are  bound  to  recognize  the  pains  devoted  in  the  annotation  of  these  two  orations  to  the 
minute  and  thorough  study  of  their  Latinity,  both  in  the  ordinary  notes  and  in  the  textual 
appendices."Saert>'day  Review. 

London  :  C.  J.  Cla  v  &>  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


26  PUBLICATIONS  OF 

M.     T.    CICERONIS     PRO     P.     CORNELIO     SULLA 

_^  ORATIO.     Edited  by  J.  S.  Reid,  Litt.  D.     y.  6d. 

'  Mr  Reid  is  so  well  known  to  scholars  as  a  commentator  on  Cicero  that  a  new  work  from  him 
scarcely  needs  any  commendation  of  ours.  His  edition  of  the  speech  Pro  Snlla  is  fully  equal  in 
merit  to  the  volumes  which  he  has  already  published  ...  It  would  be  difficult  to  speak  too  highly 
of  the^  notes.  There  could  be  no  better  way  of  gaining  an  insight  into  the  characteristics  of 
Cicero's  style  and  the  Latinity  of  his  period  than  by  making  a  careful  study  of  this  speech  with 
the  aid  of  Mr  Reid's  commentary  .  .  .  Mr  Reid's  intimate  knowledge  of  the  minutest  details  of 
scholarship  enables  him  to  detect  and  explain  the  slightest  points  of  distinction  between  the 
usages  of  different  authors  and  diflerent  periods  .  .  .  The  notes  are  followed  by  a  valuable 
appendix  on  the  text,  and  another  on  points  of  orthography ;  an  excellent  index  brings  the  work 
to  a  close." — Saturday  Keviezu. 

M.    T.    CICERONIS    PRO     CN.    PLANCIO    ORATIO. 

Edited  by  H.  A.  Holden,  LL.D.,  Examiner  in  Greek  to  the  University  of 

London.     Second  Edition.     4^.  6d. 
"As  a  book  for  students  this  edition  can  have  few  rivals.     It  is  enriched  by  an  excellent  intro- 
duction and  a  chronological  table  of  the  principal  events  of  the  life  of  Cicero  ;   while  in  its  ap- 
pendix, and  in  the  notes  on  the  text  which  are  added,  there  is  much  of  the  greatest  value.     The 
volume  is  neatly  got  up,  and  is  in  every  way  commendable.''— TVif  Scotsman. 

M.  T.   CICERONIS   IN    O.   CAECILIUM    DIVINATIO 

ET  IN  C.  VERREM  ACTIO  PRIMA.  With  Introduction  and  Notes 
by  W.  E.  Heitland,  M.A.,  and  Herbert  Cowie,  M.A.,  Fellows  of 
St  John's  College,  Cambridge.     3^-. 

M.  T.  CICERONIS  ORATIO  PRO    L.   MURENA,   with 

English  Introduction  and  Notes.  By  W.  E.  Heitland,  M.A.,  Fellow 
and  Cla.ssical  Lecturer  of  St  John's  College,  Cambridge.  Second  Edition, 
carefully  revised.    35. 

''Those  students  are  to  be  deemed  fortunate  who  have  to  read  Cicero's  lively  and  brilliant 
oration  for  L.  Murena  with  Mr  Heitland's  handy  edition,  which  may  be  pronounced  '  four-square  ' 
in  point  of  equipment,  and  which  has,  not  without  good  reason,  attained  the  honours  of  a 
second  edition." — Saturday  Reviezv. 

M,    T.    CICERONIS     IN     GAIUM    VERREM     ACTIO 

PRIMA.  With  Introduction  and  Notes.  By  H.  Cowie,  M.A.,  Fellow 
of  St  John's  College,  Cambridge.      \s.  6d. 

M.    T.    CICERONIS    ORATIO    PRO    T.    A.    MILONE, 

with    a   Translation    of    Asconius'    Introduction,     Marginal    Analysis    and 
English  Notes.     Edited   by  the    Rev.  John    Smyth    Purton,  B.D.,  late 
President  and  Tutor  of  St  Catharine's  College,     is.  6d. 
"The  editorial  work  is  excellently  done." — The  Academy. 

M.  T.  CICERONIS  SOMNIUM  SCIPIONIS.  With  In- 
troduction and  Notes.  By  W.  D.  Pearman,  M.A.,  Head  Master  of  Potsdam 
School,  Jamaica,     is. 

M.     TULLI      CICERONIS      ORATIO      PHILIPPICA 

SECUNDA.  With  Introduction  and  Notes  by  A.  G.  Peskett,  M.A., 
Fellow  of  Magdalene  College,     y.  6d. 

P.  OVIDII    NASONIS    FASTORUM    Liber   VI.     With 

a  Plan  of  Rome  and  Notes  by  A.  SiDGWiCK,  M.A.,  Tutor  of  Corpus  Christi 
College,  Oxford,     is.  6d. 

"  Mr  Sidgwick's  editing  of  the  Sixth  Book  of  Ovid's  Fasti  furnishes  a  careful  and  serviceable 
volume  for  average  students.  It  eschews  'construes'  which  supersede  the  use  of  the  dictionary, 
but  gives  full  explanation  of  grammatical  usages  and  historical  and  mythical  allusions,  besides 
illustrating  peculiarities  of  style,  true  and  false  derivations,  and  the  more  remarkable  variations  of 
the  text." — Saturday  Review. 

"  It  is  eminently  good  and  useful.  .  .  .  The  Introduction  is  singularly  clear  on  the  astronomy  of 
Ovid,  which  is  properly  shown  to  be  ignorant  and  confused;  there  is  an  excellent  little  map  of 
Rome,  giving  just  the  places  mentioned  in  the  text  and  no  more  ;  the  notes  are  evidently  written 
by  a  practical  schoolmaster." — T/ie  Academy. 

M.    ANNAEI     LUCANI     PHARSALIAE     LIBER 

PRIMUS,  edited  with  English  Introduction  and  Notes  by  W.  E.  Heitland, 
M.A.  and  C.  E.  Haskins,  M.A.,  Fellows  and  Lecturers  of  St  John's  Col- 
lege, Cambridge,      is.  6d. 

"A  careful  and  scholarlike  production." — Times. 

"  In  nice  parallels  of  Lucan  from  Latin  poets  and  from  Shakspeare,  Mr  Haskins  and  Mr 
Heitland  deserve  praise." — Saturday  Review. 

London  :  C.  J.  Clay  &^  Sons,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


THE   CAMBRIDGE    UNIVERSITY  PRESS.  il 

GAI  lULI  CAESARIS  DE   BELLO   GALLICO   COAi- 

MENT.   I.      With   Maps   and  English   Notes  by  A.  G.  Peskett,   M.A., 

Fellow  of  Magdalene  College,  Cambridge.     \s.  6d. 

In  an  unusually  succinct  introduction  he  gives  all  the  preliminarj-  and  collateral  information 

that  is  likely  to  be  useful  to  a  young  student  ;  and,  wherever  we  have  examined  his  notes,  we 

have  found  them  eminently  practical  and  satisfying.  .  .     The  book  may  well  be  recommended  for 

careful  study  in  school  or  college." — Saturday  Revtnu. 

"The  notes  are  scholarly,  short,  and  a  real  help  to  the  most  elementary  beginners  in  Latin 
prose." — T/ie  Exatniner. 

COMMENT.  I.  II.  III.  by  the  same  Editor,     is. 

COMMENT.  IV.  AND  V.  AND  COMMENT.  VII.  by 

the  same  Editor.     2s.  each. 
COMxMENT.  VI.    AND    COMMENT.    VIII.    by  the 

same  Editor.     \s.  6d.  each. 
P.  VERGILI  MARONIS  AENEIDOS  Libri  I.,  II.,  III., 

IV.,  v.,  VI..  VII.,  VIII.,  IX.,  X.,  XL,  XII.  Edited  with  Notes  by  A. 
SiDGWiCK,  M.A.,  Tutor  of  Corpus  Chrisli  College,  O.xford.     i.f.  6d.  each. 

"  Much  more  attention  is  given  to  the  literary  aspect  of  the  poem  than  is  usually  paid  to  it  in 
editions  intended  for  the  use  of  beginners.  The  introduction  points  out  the  distinction  between 
primitive  and  literary  epics,  explains  the  purpose  of  the  poem,  and  gives  an  outline  of  the  story." 
— Saturday  Review.  , 

"  Mr  Arthur  Sidgwick's  'Vergil,  Aeneid,  Book  XII.'  is  worthy  of  his  reputation,  and  is  dis- 
tinguished by  the  same  acuteness  and  accuracy  of  knowledge,  appreciation  of  a  boy's  difficulties 
and  ingenuity  and  resource  in  meeting  them,  which  we  have  on  other  occasions  had  reason  to 
praise  in  these  pages." — T/ie  Academy.  ,  ■     ,  . 

"  As  masterly  in  its  clearly  divided  preface  and  appendices  as  in  the  sound  and  independent 
character  of  its  annotations.  .  .  .  There  is  a  great  deal  more  in  the  notes  than  mere  compilation 
and  suggestion.  ...  No  difficulty  is  left  unnoticed   or  unhandled." — Saturday  Review. 

BOOKS  IX.  X.  in  one  volume.      3.^. 

BOOKS  X.,  XI.,  XII.  in  one  volume,     ss.  6d. 

P.   VERGILI    MARONIS    GEORGICON    LIBRI   I.    II. 

By  the  same  Editor.     2s. 

Libri  III.  IV.     By  the  same  Editor.     2s. 

P.  VERGILI  MARONIS  BUCOLICA,  with  Introduction 

and  Notes,  by  the  same  Editor,     is.  6J. 

QUINTUS    CURTIUS.     A   Portion  of  the   History. 

(Alexander  in  India.)   By  W.  E.  Heitland,  M.A.,  Fellow  and  Lecturer 

of  St  John's  College,  Cambridge,  and  T.  E.  Raven,  B.A.,  Assistant  Master 

in  Sherborne  School,     y.  6d. 

"Equally    commendable   as  a    genuine    addition   to   the   existing  stock   of   school-books   ii 

Alexander  in  India,  a  compilation  from  the  eighth  and  ninth  books  of  C^.  Curtius,  edited  for 

the   Pitt  Press  by  Messrs   Heitland  and   Raven.  .  .  .    The   work   of  Curtius  has  merits   of  its 

own,  which,  in  former  generations,  made  it  a  favourite  with  English  scholars,  and  which  still 

make  it  a  popular  text-book  in  Continental  schools The  reputation  of  Mr  Heitland  is  a 

sufficient  guarantee  for  the  scholarship  of  the  notes,  which  are  ample  without  being  excessive, 
and  the   book   is  well  furnished  with  all  that  is  needful   in   the   nature   of  maps,  indices,  and 

Sedas'ecclesiastical  history,  books 

III.,  IV.,  the  Text  from  the  very  ancient  MS.  in  the  Cambridge  University 
Library,  collated  with  six  other  MSS.  Edited,  with  a  life  from  the  German  of 
Ebert,  and  with  Notes,  &c.  by  J.  E.  B.  Mayor,  M.A.,  Professor  of  Latin, 
and  J.  R.  LuMBY,  D.D.,  Norrisian  Professor  of  Divinity.    Revised  edition. 

-jS.  6d. 

"To  young  students  of  English  History  the  illustrative  notes  will  be  of  great  service,  while 
the  study  of  the  texts  will  be  a  good  introduction  to  Medixval  Latin."— TV/c  Notconformist. 

"In  Bede's  works  Englishmen  can  go  back  to  origines  of  their  history,  uneiiualk-d  for 
form  and  matter  by  any  modern  European  nation.  Prof.  Mayor  has  done  good  service  in  ren- 
dering a  part  of  Bede's  greatest  work  accessible  to  those  who  can  read  Latin  with  ease.  He 
has  adorned  this  edition  of  the  third  and  fourth  books  of  the  '  Ecclesiastical  History'  with  that 
amazing  erudition  for  which  he  is  unrivalled  among  Englishmen  and  r.irely  equalled  by  Germans. 
And  however  interesting  and  valuable  the  text  may  be,  we  ctn  certainly  apply  to  his  notes 
the  expression.  La  sauce  vaut  mieux  que  le  poisson.  They  are  literally  crammed  with  interest- 
ing information  about  early  English  life.  Kor  though  ecclesiastical  in  name,  Itede's  history  treats 
of  all  parts  of  the  national  life,  since  the  Church  had  points  of  contact  with  AWy—Examtiicr. 

Books  I.  and  II.     In  the  Press. 


London  :  C.  J.  Cla  v  dr'  SONS,  Cambridge  University  Press  Warehouse, 

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28  PUBLICATIONS  OF 


III.     FRENCH. 

LE     PHILOSOPHE    SANS     LE    SAVOIR.     Sedaine 

Edited  with  Notes  by  Rev.  H.  A.  Bull,  M.A.,  late  Master  at  Wellington 
College.     25. 

RE'CITS      DES      temps      MEROVINGIENS      I— III. 

Thierry.  Edited  by  Gustave  Masson,  B.A.  Univ.  Gallic,  and  A.  R. 
Ropes,  M.A.     With  Map.     35. 

LA  CANNE  DE  JONC.     By  A.  De  Vigny.     Edited  with 

Notes  by  Rev.  H.  A.  Bull,  M.A.     is. 

BATAILLE    DE   DAMES.     By  Scribe   and   Legouve. 

Edited  by  Rev.  H.  A.  Bull,  M.A.     is. 

JEANNE  D'ARC   by  A.  De  Lamartine.     With  a  Map 

and  Notes  Historical  and  Philological  and  a  Vocabulary  by  Rev.  A.  C. 
Clapin,  M.A.,  St  John's  College,  Cambridge,  and  Bachelier-es-Lettres  of 
the  University  of  France.     Enlarged  Edition,      is. 

LE  BOURGEOIS    GENTILHOMME,  Comedie-Ballet  en 

Cinq  Actes.  Par  J.-B.  Poquelin  de  Moli£;re  (1670).  With  a  life  of 
Moliere  and  Grammatical  and  Philological  Notes.    By  the  same  Editor.  is.6d. 

LA  PICCIOLA.     By  X.    B.   Saintine.     The   Text,   with 

Introduction,  Notes  and  Map,  by  the  same  Editor,     is. 

LA   GUERRE.      By   Mm.    Erckmann-Chatrian.      With 

Map,  Introduction  and  Commentary  by  the  same  Editor.     35. 

L'ECOLE   DES    FEMMES.     Moliere.     Edited  with  In- 
troduction and  Notes  by  George  Saintsbury,  M.A.     is.  6d. 

LAZARE  HOCHE— PAR  EMILE  DE  BONNECHOSE. 

With  Three  Maps,  Introduction  and  Commentary,  by  C.  Colbeck,  M.A., 
late  Fellow  of  Trinity  College,  Cambridge,     is. 

LE   VERRE   D'EAU.    A   Comedy,    by   Scribe.    With  a 

Biographical  Memoir,  and  Grammatical,  Literary  and  Historical  Notes.     By 

the  same  Editor,  is. 
"  It  may  be  national  prejudice,  but  we  consider  this  edition  far  superior  to  any  of  the  series 
which  hitherto  have  been  edited  exclusively  by  foreigners.  Mr  Colbeck  seems  better  to  under- 
stand the  wants  and  difficulties  of  an  English  boy.  The  etymological  notes  especially  are  admi- 
rable. .  .  .  The  historical  notes  and  introduction  are  a  piece  of  thorough  honest  work." — Jourtial 
of  Education. 

HISTOIRE    DU    SIECLE     DE      LOUIS     XIV    PAR 

VOLTAIRE.  Parti.  Chaps.  I.— XIIL  Edited  with  Notes  Philological  and 
Historical,  Biographical  and  Geographical  Indices,  etc.  by  G.  Masson,  B.A. 
Univ.  Gallic,  and  G.  W.  Prothero,  M.A.,  Fellow  of  King's  College,  Cam- 
bridge.    IS.  6d. 

Part  II.     Chaps.  XIV.— XXIV.     With   Three  Maps 

of  the  Period.     By  the  same  Editors,     is.  6d. 

Part  III.     Chap.    XXV.   to   the    end.     By   the    same 


Editors,     is.  6d. 

M.  DARU,    par    M.  C.  A.    Sainte-Beuve,    (Causeries    du 

Lundi,  Vol.  IX.).  With  Biographical  Sketch  of  the  Author,  and  Notes 
Philological  and  Historical.   By  Gustave  Masson.  is. 

LA  SUITE   DU    MENTEUR.     A  Comedy  in  Five  Acts, 

by  P.  Corneille.  Edited  with  Fontenelle's  Memoir  of  the  Author,  Voltaire's 
Critical  Remarks,  and  Notes  Philological  and  Historical.  By  Gustave 
Masson.     is. 

LA    JEUNE    SIBERIENNE.     LE   LEPREUX  DE  LA 

CIT£  D'AOSTE.  Tales  by  Count  Xavier  de  Maistre.  With  Bio- 
graphical Notice,  Critical  Appreciations,  and  Notes.     By  G.  Masson,     is. 


London  :  C.  y.  Cla  y  ^  Sons,  Cambridge  University  Press  Warehouse., 

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THE  CAMBRIDGE   UNIVERSITY  PRESS.  29 


LE    DIRECTOIRE.      (Considerations    sur    la    Revolution 

Fran^aise.    Troisieme  et  quatrieme  parties.)     Par  Madame  la  Baronne  de 

Stael-Holstein.      With  a  Critical  Notice  of  the  Author,  a  Chronological 

Table,  and  Notes  Historical  and  Philological,  by  G.   Masson,  B.A.,  and 

G.  W.  Prothero,  M.A.     Re^-ised  and  enlarged  Edition,     is. 

"  Prussia  under  Frederick  the  Great,  and  France  under  the  Directorj-,  bring  us  face  to  face 

respectively   with   periods  of  history  which  it  is  right  should  be  known  thoroughly,  and  which 

are  well  treated   in   the   Pitt   Press   volumes.     The   latter    in    particular,    an   extract  from  the 

world-known   work  of  Madame  de  Stael  on  the   French   Revolution,  is    beyond  all  praise   for 

the   excellence  both  of  its  style  and  of  its  matter." — Times. 

DIX   ANNEES    D'EXIL.     Livre  II.     Chapitres    1—8. 

Par  Madame  la  Baronne  De  Stael-Holstein.  With  a  Biographical 
Sketch  of  the  Author,  a  Selection  of  Poetical  Fragments  by  Madame  de 
Stael's  Contemporaries,  and  Notes  Historical  and  Philological.  By  Gustave 
INlASSON  and  G.  W.  Prothero,  M.A.     Revised  and  enlarged  edition,     is. 

FREDEGONDE  ET  BRUNEHAUT.    A  Tragedy  in  Five 

Acts,  by  N.  Lemercier.  Edited  with  Notes,  Genealogical  and  Chrono- 
logical Tables,  a  Critical  Introduction  and  a  Biographical  Notice.  By 
Gustave  Masson.     is. 

LE    VIEUX    CELIBATAIRE.     A  Comedy,  by  Collin 

D'Harleville.  With  a  Biographical  Memoir,  and  Grammatical,  Literary 
and  Historical  Notes,    By  the  same  Editor,     is. 

LA  METROMANIE,  A  Comedy,  by  PiRON,  with  a  Bio- 
graphical Memoir,  and  Grammatical,  Literary  and  Historical  Notes.  By  the 
same  Editor,      is. 

LASCARIS,    ou    LES     GRECS     DU     XV^.    SIECLE, 

Nouvelle  Historique,  par  A.  F.  Villemain,  wdth  a  Biographical  Sketch  of 
the  Author,  a  Selection  of  Poems  on  Greece,  and  Notes  Historical  and 
Philological.     By  the  same  Editor,     is. 

LETTRES   SUR   L'HISTOIRE   DE   FRANCE  (XIII— 

XXIV.).  Par  AuGUSTiN  Thierry.  By  Gustave  Masson,  B.A.  and 
G.  W.  Prothero,  M.A.     With  Map.    is.  6d. 

IV.     GERMAN. 

DOCTOR    WESPE.      Benedix.      Lustspiel    in   funf  Auf- 

ziigen.     Edited  with  Notes  by  Karl  Hermann  Breul,  M.A.     3.C 

SELECTED  FABLES.     Lessing  and   Gellert.     Edited 

with  Notes  by  Karl  Hermann  Breul,  M.A.,  Lecturer  in  German  at  the 
University  of  Cambridge,     y. 

DIE    KARA  VANE   von  Wilhelm   Hauff.     Edited  with 

Notes  by  A.  Schlottmann,  Ph.  D.     35.  6d. 

CULTURGESCHICHTLICHE  NOVELLEN,  von  W.  H. 

RiEHL,  with  Grammatical,  Philological,  and  Historical  Notes,  and  a  Com- 
plete Index,  by  H.  J.  Wolstenholme,  B.A.  (Lond.).     4.^.  6d. 

ERNST,  HERZOG  VON  SCHWABEN.  UHLAND.  With 

Introduction  and  Notes.  By  H.  J.  Wolstenholme,  B.A.  (Lond.), 
Lecturer  in  German  at  Newnham  College,  Cambridge,     y.  6d. 

ZOPF  UND  SCHWERT.     Lustspiel  in  fiinf  Aufziigen  von 

Karl  Gutzkow.     With  a  Biographical  and  Historical  Introduction,  English 

Notes,  and  an  Index.     By  the  same  Editor,     y.  6d. 
"We   are   glad   to   be  able    to   notice  a  careful  edition  of  K.   Gutzkow's  amusing   comedy 
'Zopf  and  Schwert'  by  Mr  H.  J.  Wolstenholme.   .   .   .     These  notes  are  abundant  and  contain 
references  to  standard  grammatical  works." — Academy. 

@oett)e'«   5?nabenjaf)re.  (1749—1759.)     GOETHE'S    BOY- 

II(JOI):  being  the  First  Three  Books  of  his  Autobiography.  Arranged 
and  Annotated  by  Wilhelm  Wagner,  Ph.D.,  late  Professor  at  the 
Johanneum,  Hamburg,     is. 

London  :   C  J.  Clay  ^  SOJVS,  Cambridge  University  Press  Warehouse, 

Ave  Maria  Lane. 


30  PUBLICATIONS   OF 

MENDELSSOHN'S  LETTERS.     Selections  from.     Edited 

by  James  SiME,  M.  A.     3^-. 

HAUFF.    DAS  WIRTHSHAUS  IM  SPESSART.   Edited 

by  A.  SCHLOTTMANN,  Ph.D.,  late  Assistant  Master  at  Uppingham  School. 
y.  6d. 

DER  OBERHOF.     A  Tale  of  Westphalian  Life,  by  Karl 

Immermann.    With  a  Life  of  Immermann  and  English  Notes,   byWiLHELM 
Wagner,    Ph.D.,   late  Professor  at  the  Johanneum,  Hamburg.     3^-. 

A  BOOK    OF    GERMAN    DACTYLIC    POETRY.     Ar- 

ranged  and  Annotated  by  the  same  Editor.      3J. 

Der   erfte   ^reujjug  (THE   FIRST    CRUSADE),  by  Fried- 
rich  VON  Raumer.    Condensed  from  the  Author's  'History  of  the  Hohen- 
staufen',    with   a   life    of  Raumer,    two    Plans    and    English    Notes.     By 
the  same  Editor,     is. 
"  Certainly  no  more  interesting  book  could  be  made  the  subject  of  examinations.     The  story 

of  the  First  Crusade  has  an  undying  interest.     The  notes  are,  on  the  whole,  good." — Educational 

Ti»ies. 

A   BOOK   OF   BALLADS    ON    GERMAN    HISTORY. 

Arranged  and  Annotated  by  the  same  Editor,  is. 
"It  carries  the  reader  rapidly  through  some  of  the  most  important  incidents  connected  with 
the  German  race  and  name,  from  the  invasion  of  Italy  by  the  Visigoths  under  their  King  Alaric, 
down  to  the  Franco-German  War  and  the  installation  of  the  present  Emperor.  The  notes  supply 
very  well  the  connecting  links  between  the  successive  periods,  and  e.\hibit  in  its  various  phases  of 
growth  and  progress,  or  the  reverse,  the  vast  unwieldy  mass  which  constitutes  modern  Germany." 
—  Times. 

DER    STAAT  FRIEDRICHS    DES   GROSSEN.     By  G. 

Freytag.     With  Notes.    By  the  same  Editor,     is. 

GOETHE'S    HERMANN     AND    DOROTHEA.      With 

an  Introduction  and  Notes.     By  the  same  Editor.     Revised  edition  by  J.  W. 
Cartmell,  M.A.     3J-.  6d. 

"The  notes  are  among  the  best  that  we  know,  with  the  reservation  that  they  are  often  too 
abundant." — Academy. 

Da^  %\f)x  1813    (The  Year    1813),   by   F.   Kohlrausch. 

With  English  Notes.    By  W.  Wagner,      is. 


V.     ENGLISH. 

COWLEY'S  ESSAYS.     With  Introduction  and  Notes.     By 

the  Rev.  J.  Rawson  Lumby,  D.D.,  Norrisian  Professor  of  Divinity;  Fellow 
of  St  Catharine's  College.     4^-. 

SIR   THOMAS  MORE'S  UTOPIA.      With  Notes  by  the 
Rev.  J.  Rawson  Lumby,  D.D.     3^-.  6d. 

"To  Dr  Lumby  we  must  give  praise  unqualified  and   unstinted.     He  has  done    his   work 

admirably Every  student  of  history,    every  politician,  every  social  reformer,  every  one 

interested  in  literary  curiosities,  every  lover  of  English  should  buy  and  carefully  read  Dr 
Lumby's  edition  of  the  '  Utopia.'  We  are  afraid  to  say  more  lest  we  should  be  thought  ex- 
travagant, and  our  recommendation  accordingly  lose  part  of  its  force." — T/w  Teacher. 

"  It  was  originally  written  in  Latin  and  doesnot  find  a  place  on  ordinary  bookshelves.  A  very 
great  boon  has  therefore  been  conferred  on  the  general  English  reader  by  the  managers  of  the 
Pitt  Press  Series,  in  the  issue  of  a  convenient  little  volume  of  IM ore's  Uto/'ia  not  in  the  original 
Latin,  but  in  the  quaint  English  Translation  thereof  made  by  Raphe  Rotynson,  which  adds  a 
linguistic  interest  to  the  intrinsic  merit  of  the  work.  .  .  .  All  this  has  been  edited  in  a  most  com- 
plete and  scholarly  fashion  by  Dr  J.  R.  Lumby,  the  Norrisian  Professor  of  Divinity,  whose  name 
alone  is  a  sufficient  warrant  for  its  accuracy.  It  is  a  real  addition  to  the  modern  stock  of  classical 
English  literature." — Guardian. 

BACON'S     HISTORY    OF    THE    REIGN    OF    KING 

HENRY  VII.     With  Notes  by  the  Rev.  J.  Rawson  Lumby,  D.D.     3^-. 


London  :  C,  J-  Cla  v  fir*  Sons,  Ca?nbridge  University  Press  Warehouse, 

Ave  Maria  Lane, 


CAMBRIDGE  UNIVERSITY  PRESS.  31 


MORE'S  HISTORY  OF  KING  RICHARD  III.     Edited 

with  Notes,  Glossar)'  and  Index  of  Names.  By  J.  Rawson  Lumby,  D.D. 
to  which  is  added  the  conclusion  of  the  History  of  King  Richard  III.  as  given 
in  the  continuation  of  Hardyng's  Chronicle,  London,  1543.     y.  6d. 

THE    TWO     NOBLE    KINSMEN,    edited     with     Intro- 
duction and  Notes  by  the  Rev.  Professor  Skeat,  Litt.D.,  formerly  Fellow 
of  Christ's  College,  Cambridge.     3^.  6d. 
"This  edition  of  a  play  that  is  well  worth  study,  for  more  reasons  than  one,  by  so  careful  a 
scholar  as  Mr  Skeat,  deserves  a  hearty  welcome." — Atheua-uvi. 

•'Mr  Skeat  is  a  conscientious  editor,  and  has  left  no  difficulty  unexplained."— /"iw^. 

LOCKE  ON  EDUCATION.    With  Introduction  and  Notes 

by  the  Rev.  R.  H.  Quick,  M.  A.     y.  6d. 
"The  work  before  us  leaves  nothing  to  be  desired.     It  is  of  convenient  form  and  reasonable 
price,  accurately  printed,  and  accompanied  by  notes  which  are  admirable.     There  is  no  teacher 
too  young  to  find  this  book  interesting;   there  is  no  teacher  too  old  to  find  it  profitable."^ '/"/:(■ 
Sch<?ol  Bulletin,  Nevj  York. 

MILTON'S  TRACTATE  ON  EDUCATION.  A  fac- 
simile reprint  from  the  Edition  of  1673.  Edited,  with  Introduction  and 
Notes,  by  Oscar  Browning.  M.A. 

"A  separate  reprint  of  Milton's  famous  letter  to  Master  Samuel  Hartlib  was  a  desideratum, 
and  we  are  grateful  to  Mr  Browning  for  his  elegant  and  scholarly  edition,  to  which  is  prefixed  the 
careful  resume  of  the  work  given  in  his  'History  of  Educational  Theories.'"— jOT/r^/a/  of 
Educ/ition. 

THEORY  AND   PRACTICE  OF  TEACHING.     By  the 

Rev.    Edward  Thring,  M.A.,  late  Head  Master    of  Uppingham  School 
and  Fellow  of  King's  College,  Cambridge.     New  Edition.     45.  (id. 
"Any  attempt  to  summarize  the  contents  of  the  volume  would  fail  to  give  our  readers  a 
taste  of  the  pleasure  that  its  perusal  has  given  w!,." —Journal  of  Education. 

THE    TEACHING    OF    MODERN    LANGUAGES    IN 

THEORY  AND  PRACTICE.  Two  Lectures  delivered  in  the  University 
of  Cambridge  in  the  Lent  Term,  1887.  By  C.  Colbeck,  M.A.,  Assistant 
Master  of  Harrow  School,      is. 

GENERAL  AIMS  OF  THE  TEACHER,  AND  FORM 

MANAGEMENT.  Two  Lectures  delivered  in  the  University  of  Cambridge 
in  the  Lent  Term,  1883,  by  Archdeacon  Farrar,  D.D.,  and  R.  B.  Poole, 
B.D.  Head  Master  of  Bedford  Modern  School.     \s.  (\d. 

THREE  LECTURES  ON  THE  PRACTICE  OF  EDU- 
CATION. Delivered  in  the  University  of  Cambridge  in  the  Easter  Term, 
1882,  under  the  direction  of  the  Teachers'  Training  Syndicate,     is. 

JOHN  AMOS  COMENIUS,  Bishop  of  the  Moravians.     His 

Life  and  Educational  Works,  by  S.  S.  Laurie,  A.M.,  F.R.S.E.,  Professor  of 
the  Institutes  and  History  of  Education  in  the  University  of  Edinburgh. 
New  Edition,  revised,     y.  6d. 

OUTLINES  OF  THE  PHILOSOPHY  OF  ARISTOTLE. 

Compiled   by  Edwin  Wallace,  M.A.,  LL.D.  (St  Andrews),  late  Fellow 
of  Worcester  College,  Oxford.     Third  Edition  Enlarged.     4^-.  6d. 
"A  judicious  selection  of  characteristic  pa.ssages,  arranged  in  paragraphs,  each  of  which  is 
preceded  by  a  masterly  and  perspicuous  English  analysis." — Scot.tman. 

"Gives  in  a  comparatively  small  compass  a  very  good  sketch  of  Aristotle's  teaching."— .?«/. 
/Review. 

A    SKETCH     OF    ANCIENT    PHILOSOPHY    FROM 

THALES  TO  CICERO,  by  Josei-h  B.  Mayor,  M.A.     y.  6d. 

"Professor  Mayor  contributes  to  the  Pitt  Press  Series  A  Sketch  of  Ancient  Philosophy  in 
which  he  has  endeavoured  to  give  a  general  view  of  the  philosophical  systems  illustr.Tted  by  the 
genius  of  the  masters  of  metaphysical  and  ethical  science  from  Thales  to  Cicero,  In  the  course 
of  his  sketch  he  takes  occasion  to  give  concise  analyses  of  Plato's  Republic,  and  of  the  Ethics  and 
Politics  of  Aristotle;  and  these  abstracts  will  be  to  some  readers  not  the  least  useful  portions  of 
the  book." — The  Guardian. 

[Other   Volumes  are  in  preparation^ 

London  :   C.  J .  Ci^A  v  &»  So.v.',;  Cambridij;c  University  Press  Warehouse, 

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