other part, Witneffeth, that the faid A. B. for and in confideration of the rent hereinafter referved and contained, Hath demifed, granted, and to farm let, and by these prefents doth demife, grant, and to farm let, unto the faid C. D. his executors, adminiftrators, and affigns, All and all manner of tithes of corn, grain, hay and herbage, yearly growing increafing or bappening within the faid parish of · and all

-.

profits of what kind foever belonging to the parfonage or rectory there: To have, bold, receive, and take all and every the faid tithes and profits unto the faid C. D. his executors adminiftrators and affigns, from the day of the date of these prefents, for and during and unto the full end and term of twenty-one years from thence next ensuing, and fully to be compleated; if he the faid A. B. fhall jo long continue rector of the faid parish of Yielding and paying therefore yearly and every year during the faid term, unto the faid A. B. and his affigns, the rent or fum of at and upon the days by even and equal portions. Provided always, that if the faid rent or any part thereof shall be behind and unpaid by the space of days after the days and times appointed and limited for the payment thereof, then this prefent demife and every thing berein contained fhall ceafe, determine, and be void. And the faid C. D. doth for himself, his executors administrators and affigns, and for every of them, covenant promise and grant to and with the faid A. B. his executors and adminiftrators, and to and with every of them by thefe prefents, that he the faid C. D. his executors adminiftrators or affigns, shall and will from time to time, and at all times during the continuance of this demife, well and truly pay and satisfy the rent aforesaid, at the days and times aforefaid appointed for the payment thereof; and also shell and will pay and difcharge all taxes which shall be impofed upon the faid demifed premises, or in respect thereef, by act of parliament or otherwife. And the fail A. B. for bimfelf his executors and adminiftrators, and every of them, doth covenant promife and grant to and with the faid C. D. his executors, adminiftrators, and affigns, and to and with every of them by these prefents, that for and under the rents and covenants hereinbefore referved and contained on the pars of the faid C. D. his executors adminiftrators or affigns to be paid and performed, he the faid C. D. bis executors adminiftrators and affsigns shall and may have, hold, and enjoy the tithes and premijes aforefaid, and every part and parcel thereof, during the faid term hereby granted, without any let, trouble, moleftation, interruption, or denial of him the faid A. B. or bis affigns, or any other person or perfons claiming or to claim by, from, or under him. In witness whereof the parties to

thefe

thefe prefents have interchangeably set their hands and seals the day and year first above written.

Signed, fealed, and delivered (hav-
ing been firft duly ftamped) in the

prefence of

E. F.

G. H.

A. B.

C. D.

Note, it is faid generally in fome books, that a verbal lease of tithes is not good. Others fay, that tithes may be granted for one year without deed, but no longer. Others diftinguish, and fay, that a grant of tithes even for one year is not good by way of leafe, but may be good by way of fale. Others, to the like purpose, affirm, that if the parfon agrees with the parishioner, that fuch parishioner fhall keep back his own tithes for a year, this is a good bargain by way of retainer; but if he grants to him the tithes of another, tho' it be but for a year, it is not good unless it be by deed. Cro. Ja. 613. 1 Roll's Rep. 174. God. 354. Freem. Rep. 234. 2 Brownl. 17. (d) And by the feveral stamp acts, fuch lease (for whatever term it is made) must be on a 7 s. ftamp.

In the cafe of the Archbishop of York and Dr. Hayter against Sir Miles Stapleton and others, Feb. 21, 1740; the archbishop was intitled, in right of his fee, to the rectory of Mitton in Yorkshire; and granted a leafe for three lives to archdeacon Hayter, who made a derivative lease to one Taylor. And this bill was brought by the archbishop and Dr. Hayter, for an account of tithes in kind, and to eftablish the cuftom of setting out the corn in ftooks. It was objected, that there is no foundation for this bill, becaufe Dr. Hayter having made a leafe to Taylor, is not intitled to any account, and cannot maintain a bill to eftablish a custom of setting out in ftooks or ftacks, which is a mere right. By the lord chancellor Hardwicke: I am of opinion, the bill to establish the cuftom is well brought: and that the person who is intitled to the inheritance is pro

(d) Tithes may be leafed; but a leafe for more than one year must be by deed, as they are not capable of livery and feifin, but lie merely in grant. 3 Bac. Ab. 338, where it is added, that, to make a leafe for a year good, it ought not to be entered into till after the corn is fown; for then fuch agreement is in the nature of a fale or chattel in esse, which needs no writing. A leafe of tithes by deed" for all the time the leffor fhould continue vicar," is good, as an estate for life, determinable on the event of his ceafing to be vicar. Brewer v. Hill, 2 Anft. 413.

perly

perly made a party, notwithstanding the tithes themselves were out in leafe at the time for which the account is prayed; for otherwise, it might introduce great inconveniencies by a collufion between the leffees and the occupiers; and that a bill may be even brought, without praying an account, to establish a mere right only, appears from the common cafe of bills for establishing modus's, And therefore I fhall direct an iffue to try the custom. 2 Atk. 136.

Title for orders. See Drdination,
Toleration. See Dillenters.
Tomb Stones. See Burial.
Tranflation. See Bithops.
Tranfubftantiation. See Lord's Supper,
Trees in the church yard. See Church.

Trentals.

TRENTALS, trigintalia, were maffes for fouls

departed, to be faid thirty times in fuch order as fhould be appointed; or for thirty days together; or otherwife every thirtieth day; according to the direction of the donor or founder, who inftituted a ftipend for that purpose.

TR

Troper.

'ROPER, troperium, is the book which containeth the sequences, which were devotions used in the church, after reading of the epiftle. Lindw. 251.

Tunic.

TUNIC, tunica, was the fubdeacon's garment, which

he wore in ferving the priest at the celebration of the

mals. Lindw. 252.

ADDEND A,

After Title Stamps as it ftands at prefent, page 377 of this Volume.

BY Y ftatute 37 Geo. 3. c. 90. the following additional ftamps are impofed: viz. On

Admiffion of a Any admittance, or inftrument for admitting, of any proctor, the fum of 81.

proctor.

Bonds.

Collations &c. to benefices.

Copies of wills.
Difpenfations.

Exemplifica-] tions. Inftitutions or licences.

Inventories of

Bonds given by executors and adminiftrators; where the eftate to be adminiftered fhall exceed the fum of twenty pounds, 3 s.

Any collation to be made by any archbishop, or other bishop, or any prefentation or donation which fall pafs the great feal of Great Britain, or which shall be made by any patron whatsoever, of or to any benefice, dignity, or fpiritual or ecclefiaftical promotion whatsoever, 61.

Any copy of any will, 3 d. (per fheet of go words)*. Any difpenfation to hold two ecclefiaftical dignities or benefices, or both a dignity and benefice, or any other difpenfation or faculty, from the lord archbishop of Can terbury, or the matter of the faculties for the time being,

101.

Any exemplification whatsoever that fhall pass the feal of any court, 11.

Any inftitution or licence that fhall pass the feal of any archbishop or bishop, chancellor or other ordinary, or any ecclefiaftical court whatfoever in England, or any writ or inftrument for the like purpose, with any fuch inftitution or licence that shall be paffed or made by any prefbytery or other spiritual power in Scotland, 15 s.

Any inventory or catalogue of any furniture, goods, or gods, furniture, effects, made with reference to any agreement, or for the fecurity of any perfon, 2s. 6d.

&c.

Probates.

Any probate of a will or letters of adminiftration for any eftate of or above the value of three hundred pounds, the fum of 21. 10s.; where the eftate is of or above the value of fix hundred pounds, the further fum of 11. 105.; and where the eftate is of or above the value of one thoufand pounds, the further fum of 2.; and where the eftate

With 3 d. per sheet before; making 6d.

is

is of or above the value of two thousand pounds, the further fum of 41.; and where the estate is of or above the value of five thousand pounds, the further fum of 51.; and where the estate is of or above the value of ten thoufand pounds, the further fum of 5 1.

Any appeal from the courts of admiralty either in England or Scotland, the court of arches, or the Prerogative Courts of Canterbury or York, 61.

And it is by the faid ftatute 37 G. 3. c. 90. enacted, that every person who shall adminifter the perfonal eftate of any perfon dying after the paffing of this act, or any part thereof, without proving the will of the deceased, or taking out letters of administration of fuch perfonal eftate, within fix calendar months after the death of the person fo dying, fhall forfeit and pay the fum of 501. to be recovered in his majefty's court of exchequer at Westminster, for offences committed in England, or in his majesty's court of exchequer in Scotland, for offences committed in Scotland; one moiety of such penalty or forfeiture, if sued for within the space of fix calendar months, to be to his majefty, his heirs or fucceffors, and the other moiety to the perfon or perfons who fhall inform or fue for the fame.

Appeal from the courts of admiralty, &c.

END OF THE THIRD VOLUME.