First. There were three law-suits.—The vicar was plaintiff in a cause
where his late friend, Sir William Hood, was defendant. He claimed tithe
for the produce of a portion of the Abbey Farm; (or suffered under the
imputation of doing so, from still keeping the secret of having let his
rights to Peterson.)
The Lamberts were not a little astonished at such a claim being made on
their tithe-free farm: but the vicar alleged that the exemption ceased
when the land was turned to other uses than those which prevailed when
the exemption was granted. The prescription was at an end, he contended,
when, as in this case, land which was in a state of tillage when
exempted was converted into pasture land. Much trouble was given to the
Lamberts, at the same time, by their being called upon to show the
requisites for the exemptions which had never been disputed;—that the
lands they held had been really abbey lands, and that they had been
immemorially discharged of tithes. Another suit was instituted against
Mr. Parker, to set aside a modus with which all parties had hitherto
been pretty well satisfied. By this modus,—or composition whereby the
layman is discharged from rendering his tithes, on his paying in lieu
thereof what immemorial custom, or the custom of the place, directs,—Mr.
Parker paid fourteen pounds for produce which, paid in kind, would have
yielded twenty. He had often thought himself unlucky in his bargain in
comparison with some who had a good bargain of their modus, paying
two-pence an acre, as their ancestors had done; or a fowl instead of the
year’s tithe of eggs: but he had little expected that the vicar would
lodge a complaint in a court of law of the modus being too large. It
accorded with six out of seven of the rules which constitute a good and
sufficient modus; but it violated one. It was certain and invariable: it
benefited the tithe-taker only: it was different from the thing
compounded for: it did not discharge from the payment of any other
species of tithe: it was, in its nature, as durable as the tithes
discharged by it: and it was immemorial without interruption; that is,
it had existed from the beginning of the reign of Richard the First,
which is the period fixed by the law as “the time of memory.”
All this was indisputable; but the seventh condition was, that the modus
should not be too large;—that it should not be a rank modus. If Mr.
Parker had been paying four shillings, instead of fourteen pounds, the
modus might have been held a good one; but this was so doubtful as to be
supposed worth contesting, according to the decision, “the doctrine of
rankness in a modus is a question of fact to be submitted to a jury,
unless the grossness is obvious.”
Public-domain text, read in full here on John Shaqi.
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