Watson, Mason v. 611 Moncaster v. 905. v. Paternoster, 1611 Webb v. Warner, 226 Weedon and others, Turner v. 524 Welch v. Uppill, 1819 Wells, Ganson v. 1884 Westminster, Dean and Chapter of, and Whitaker and Tiddersdale v. Dr. Ley Willoughby de Broke, Lord, Atkins v. 1412 Kynaston v. 892 Wilshaw, Walklate v. 1504 Wilson v. Bishop of Carlisle, 279. 588 v. Mason, 974 Wortley v. Herpingham, 218 Boughton v. 658 's Case, 357. 419 Wright v. Southwood, 1883 Townley and St. Bride's v. 635 Wrights v. Elderton, 607 Wimberley, Fish v. 533 Winch's Case, 203 Winchcombe, Sherwood v. 164. 177 Winchester's, Bishop of, Case, 167 v. Parson of Buckden, 182 Windham v. Norris, 136 -, Chaytor v. 1459 Woodeson, Hicks v. 550 Woodford v. Standfast, 534 Woodnoth v. Lord Cobham, 653 Worral v. Miller, 1623 v. Nichols, 1302 Wortley, Goodwin v. et e contra, 715 Wright and Corporation of Bury St. Edmund's v. Evans, 757 v. Fox, 1456 v. Gerrard and another, 375 Hume v. 1217 v. Powle, 357 Quaintrell v. 678 Rawlins and others v. 470 Wyatt, Smith v. 777 v. Holbrook, 1517 0. Smith, 1517 Wyburd v. Tuck, 1517 Wymond, Taylor v. 1576 Wyntour, Geale v. 1582 Wyvell, Ingleby v. 516 Y Yarborough, Layng v. 1841 Yate v. Leigh, 861 v. Southby, 431 Yateman v. Cox, et e contra, 986 York, Archbishop of, v. Duke of Newcastle and others, 583 and Dr. Hayter v. Sir Miles Stapleton, 772 Yong v. Core, 198 Young, Lewis v. 2055 ACTS AND RECORDS OF PARLIAMENT RELATING TO TITHES, &c. &c. The Statute of Circumspectè Agatis, made 13 E. I. and Certain Cases wherein the King's Prohibition doth not lie. THE king to his justices, greeting: - Use yourselves circumspectly in all matters concerning the bishop of Norwich and his clergy, not punishing them if they hold pleas in court christian of such things as are merely spiritual; (to wit), If a parson demand tithes, greater or smaller, so that the fourth part of the value of the benefice be not demanded. Item, If a parson demand mortuaries in places where a mortuary hath been used to be given. In these cases the ecclesiastical judge hath cognizance, notwithstanding the king's prohibition. The lord the king answered to these articles, that in tithes, obventions, oblations, mortuaries, when the question is as aforesaid, there is no room for a prohibition. But, if a clerk or religious person shall sell his tithes to any one for money after they are gathered into his barn or any where else, and plea be holden thereof in the spiritual court, the king's prohibition hath place; because by the sale the things spiritual become temporal, and so the tithes pass into chattels, Item, If debate arise upon the right of tithes having its origin in the right of patronage, and the quantity of those tithes exceed the fourth part of the benefice, the king's prohibition hath place. A.D. 1315. Stat. 9 E. II. (Articuli Cleri), c. 1. No Prohibition shall be granted where Tithes are demanded, but where Money is paid for them. FIRST, Whereas laymen purchase prohibitions generally, upon tithes, obventions, oblations, mortuaries, redemption of penance, VOL. I. B 1285. [2] 1315. [3] Tithe of wood. violent laying hands on clerks or converts, and in cases of defama- c. 2. Debate Debate upon the Right of Tithes exceeding the Fourth Part. ALSO, if debate arise upon the right of tithes having its original in the right of the patronage, and the quantity of the same tithes amount to the fourth part of the goods of the church, the king's prohibition holdeth place, if the cause come before a judge spiritual.. c. 5. No Prohibition where Tithe is demanded of a new Mill. ALSO, if any one erect in his ground a mill of new, and after the parson of the same place demand tithe for the same, the king's prohibition issues in this form: Quia de tali molendino hactenus decima non fuerunt solutæ prohibemus, &c. Et sententiam excommunicationis, si quam hác occasione promulgaveritis, revocetis omnino. The Answer. In such case the king's prohibition was never granted by the king's assent, who decrees that it shall not hereafter lie in such cases. Rot. Parl. 17 E. III. No. 29. A.D. 1343. THE Commons pray, that no man be drawn in plea in court christian for tithes of wood or underwood, except in places where such tithes have used to be paid. Answer. Let it be done of this as it hath been done heretofore. A Statute of the Clergy, made 18 E. III. and A.D. 1344. No. 7. No Scire Facias shall be awarded against a Clerk for Tithes. ITEM, Whereas writs of scire facias have been granted to warn prelates, and religious, and clerks, to answer tithes in our chancery; and to shew if they have any thing, or can any thing say, why such tithes should not be restored to the demandants; and to answer, as well to us as to the party of such tithes: that such writs as aforesaid henceforth be not granted; and that the process pending upon such kind of writs be annulled and repealed; and |