CONCERNING TITH E S; CONTAINING All the RESOLUTIONS of the refpective COURTS of Together with All the APPEALS in the HOUSE of LORDS, To which is prefixed, An INTRODUCTION, comprehending a concise View Likewife A full VINDICATION of the CLERGY, refpecting ALSO An APPENDIX of ACTS of PARLIAMENT, The Whole upon an entire new PLAN, and digefted in a By JOHN RAYNER, of the INNER TEMPLE. VOLUME I. «Non meâ quidem fide, fed diligentiâ folummedo.” Sir HEN. SPELMAN. LONDON: Printed by W. STRAHA and W. WOODFALL, Law For RICHARDSON and URQUHART, Royal Exchange. L ( iii. ).. The PREFACE. O complete collection of cafes, refpecting TITHES in particular, having been ever yet published, a preface feems neceffary, to befpeak the reception of that, which is now prefented to the world. The compiler prefumes there needs no apology to be made, for the defign of the work itself, as the nature of the subject must draw the attention, not only of the whole body of clergy, but alfo of all perfons whomfoever, intitled to receive, or liable to the payment of tithes. Whoever is in the leaft converfant with this matter, cannot but lament, as an unhappy spectator, the disputes, that have arisen respecting tithes, between the parfon and his parishioners, throughout this kingdom, the animofities they have occafioned among many private families; the jealoufy of the former, in confidering himself, as deprived of his juft rights, and of the latter, in thinking themselves greatly impofed upon, by the demands of the former. Thefe differences, it is well known, have been productive of fuch improper conduct and example, on the part of the clergyman, in many parishes, as rather leffened the dignity of his facred office, and rendered him most unhappy, as he was, in confequence thereof, obliged to act, in a manner, seemingly derogatory, both to his cloth and calling. These sheets, it is hoped, will, in fome degree, be the means of reconciling fuch jarring interefts, and of foftening fuch untoward difpofitions; and that too, on fuch a lafting foundation, as to render the future interruption of it fcarcely poffible, unless from choice and defign; for in the following papers will be found almost every question, that has arisen on the fubject, fatisfactorily and finally fettled, as well in the court of Chancery, as Exchequer, in the Ecclefiaftical court, as before justices of peace the compiler indeed has not been fo particular in the ecclefiaftical, as in the other courts of juftice, because the cognizance of tithes in that court, is very much limited and reduced; befides, the clergy may be prefumed to be rather better acquainted with the proceedings in the ecclefiaftical, than in any of the other courts. 1 The reader will find in the following code, the full, able, genuine, and scientific arguments of the gentlemen of the long robe, and the most clear, unequivocal, and fatisfactory decifions. of (1) judges, of as great character for (1) See Table of lords chancellors, &c, prefixed to this volume. abilities and integrity in their profeffion, as ever fat on the respective benches of the fuperior courts; and thofe too given upon the most mature deliberation, as well as the folemn and final judgments of the fupreme judicature in this country, on every important question, that hath arifen, on that firft of temporal concerns to the clergy, viz. their right to tithes. Among the arguments of the counfel, and the refolutions, orders, and decrees of the fuperior courts in Westminster hall, and the final judgments of the House of Lords, in their appellant jurisdiction, the dernier and most fatisfactory refort of the fubject, will be found debated and finally adjudged, what is due to the clergy, in their right to tithes, and also what means are to be pursued, in order to obtain fuch right. The cases on appeal, (which make no inconfiderable part of these sheets, whether their quantity or quality be principally regarded,) are not to be found, in any other collection, hitherto published. There cannot be more folemn determinations laid before the readers; for how can cases be stamped with an higher degree of (1) authority, than thofe determined by the integrity, wisdom, and juftice, of the peers of the realm, oftentimes upon a previous confultation, with all the judges of England? |