Abbildungen der Seite
PDF
EPUB

Timotheus

Tor, nians." He carefully avoided all forts of company; yet went one day to an affembly of the people, and cried with a loud voice, "That he had a fig-tree on which feveral perfons had hanged themfelves; but as he intended to cut it down, in order to build a houfe on the place where it flood, he gave them notice of it, that if any of them had a mind to hang themfelves, they muft make haite and do it speedily." He had an epitaph engraved on his tomb, filled with impre. cations against those who read it. Shakespeare has formed tragedy on his ftory.

TIMOR, an island of Afia, in the Eaft Indian fea, to the fouth of the Moluccas, and to the east of the island of Java, being 150 miles in length, and 37 in breadth. It abounds in fandal-wood, wax, and honey; and the Dutch have a fort here. The inhabitants are Pagans, and are little better than favages; and some pretend they had not the ufe of fire many years ago.

TIMOTHEUS, one of the most celebrated poet-muficians of antiquity, was born at Miletus, an Ionian city of Caria, 446 years B. C. He was contemporary with Philip of Macedon and Euripides; and not only excelled in lyric and dithyrambic poetry, but in his performance upon the ci thara. According to Paufanias, he perfected that inftrument by the addition of four new ftrings to the feven which it had before; though Suidas fays it had nine before, and that Timotheus only added two, the 10th and 11th, to that

number. See LYRE.

With respect to the number of ftrings upon the lyre of Timotheus: The account of Paufanias and Suidas is confirmed in the famous fenatus-confultum against him, ftill extant, preferved at full length in Boethius. Mr Stillingfleet has given an extract from it, in proof of the fimplicity of the ancient Spartan mufic. The fact is mentioned in Athenæus; and Cafaubon, in his notes upon that author, has inferted the whole original text from Boethius, with corrections. The following is a faithful translation of this extraordinary Spartan act of parliament. "Whereas Timotheus the Milefian, coming to our city, has difhonoured our ancient mufic, and, defpifing the lyre of seven strings, has, by the introduction of a greater variety of notes, corrupted the ears of our youth; and by the number of his ftrings, and the novelty of his melody, has given to our mufic an effeminate and artificial drefs, inftead of the plain and orderly one in which it has hitherto appeared; rendering melody infamous, by compofing in the chromatic inftead of The kings and the ephori have therefore refolved to pafs cenfure upon Timotheus for these things: and, farther, to oblige him to cut all the fuperfluous ftrings of his eleven, leaving only the feven tones; and to banifh him from our city; that men may be warned for the future not to introduce into Sparta any unbecoming cuftom."

the enharmonic :

The fame ftory, as related in Athenæus, has this additional circumftance, That when the public executioner was on the point of fulfilling the fentence, by cutting off the new ftrings, Timotheus, perceiving a little ftatue in the fame place, with a lyre in his hand of as many ftrings as that which had given the offence, and fhowing it to the judges, was acquitted.

It appears from Suidas, that the poetical and musical compofitions of Timotheus were very numerous, and of various kinds. He attributes to him 19 nomes, or canticles, in hexameters; 36 proems, or preludes; 18 dithyrambics; 21 hymns; the poem in praife of Diana; one panegyric; three tragedies, the Perfians, Phinidas, and Laertes; to which must be added a fourth, mentioned by feveral ancient authors, called Niobe, without forgetting the poem on the birth of Bacchus. Stephen of Byzantium makes him author

of 18 books of nomes, or airs, for the cithara, to 8000 Timur verfes; and of 1000 11g, or preludes, for the nomes of of # Tipperary, the Autes. Timotheus died in Macedonia, according to Suidas, at the age of 97; though the Marbles, much better authority, fay at 9; and Stephen of Byzantium fixes his death in the fourth year of the 105th Olympiad, two years before the birth of Alexander the Great; whence it appears, that this Timotheus was not the famous player on the flute fo much efteemed by that prince, who was animated to fuch a degree by his performance as to feize his arms; and who employed him, as Athenæus informs us, together with the other great muficians of his time, at his nuptials. However, by an inattention to dates, and by forgetting that of these two muficians of the fame name the one was a Milefian and the other a Theban, they have been hitherto often confounded.

TIMUR BECK. See TAMERLANE.

TIN, one of the four imperfect metals,

For an account of its metalline qualities, and the va rious ftates in which it is found, fee MINERALOGY, page 118. For its chemical qualities, fee the places referred to in CHEMISTRY-Index. For the method of effaying and fmelting its ore, fee METALLURGY, Part ii. fect. vi.; Part iii. fect. vi. See alfo CORNWALL, and PHARMACY-Index.— An advantageous commerce has been lately opened between Cornwall and the Eaft Indies and China. In 1791 about 3000 tons of tin were raifed in Cornwall; of which 2200 tons were fold in the European market for L.-72 each, and 800 tons carried to India and China at L. 62 per ton. TINCAL, the name by which crude or impure borax is called. See BORAX and CHEMISTRY-Index.

TINCTURE, in pharmacy. See PHARMACY-Index. TINDAL (Dr Matthew), a famous English writer, was the fon of the reverend Mr John Tindal of Beer- Ferres in Devonshire, and was born about the year 1657. He ftudied at Lincoln college in Oxford, whence he removed to Exeter, and was afterwards elected fellow of All Souls. In 1685 he took the degree of doctor of law, and in the reign of James II. declared himself a Roman Catholic; but foon renounced that religion. After the revolution he published feveral pamphlets in favour of government, the liberty of the prefs, &c. His " Rights of the Christian Church afferted," occafioned his having a violent conteft with the high church clergy; and his treatise "Chriftianity as old as the Creation," published in 1730, made much noise, and was anfwered by feveral writers, particularly by Dr Conybeare, Mr Forster, and Dr Leland. Dr Tindal died at London in August 1733. He left in manufcript a fecond volume of his "Chriftianity as old as the Creation;" the preface to which has been publifhed. Mr Pope has fatirized Dr Tindal in his Dunciad.

TINDALE (William). See TYNDALE.

TINNING, the covering or lining any thing with melted tin, or tin reduced to a very fine leaf. Looking-glaffes are foliated or tinned with thin plates of beaten tin, the whole bignefs of the glafs, applied or fastened thereto by means of quicksilver. See FOLIATING of Looking Glafjes.

TINNING of Copper. See COPPER, no 25 - 28. TINNITUS AURIUM, a noife in the ears like the con tinued found of bells, very common in many disorders, particularly in nervous fevers.

TIPPERARY, a county of the province of Muntter in Ireland, bounded on the weft by that of Limerick and Clare, on the east by the county of Kilkenny and Queer's County, on the fouth by the county of Waterford, and on the north and north-eaft by King's-county and the territory of the ancient O'Carols. It extends about 42 miles in

length,

[ocr errors]

Cambden's

Tirol.

They are fometimes of a beautiful green, fometimes coal. Tire, black; and the most remarkable are thofe whose fore-legs, extraordinarily long, do not touch the ground, and are moveable like antennæ. In this ftate of perfection, the ti pule being provided with proper organs, apply themselves to the propagation of the fpecies. Thofe fame poor infects, who in the state of larvæ have escaped the voraciouínefs of fishes, often become, in their progress through the air, a prey to equally merciless birds.

TIRE, in the fea language, is a row of cannon placed along a fhip's fide, either above upon deck, or below, diftinguifhed by the epithets of upper and lower tires.

Tipstaff, length, 27 in breadth, containing 599,500 acres, divided Tipula into 12 baronies, in which are several market towns and boroughs. It fends eight members to parliament, viz. two Gough's for the county, two for the city of Cafhel, and two for each dition of of the boroughs of Clonmell, Fetherd, and Thurles. The Britannia. north part of it is mountainous and cold; but in the fouth the air is milder, and the foil much more fertile, producing plenty of corn, and good pafture for the numerous herds of cattle and flocks of fheep with which it abounds. The north part is called Ormond, and for a long time gave the title of earl, and afterwards of marquis and duke, to the noble family of Butler, defcended from a fifter of Thomas a Becket archbishop of Canterbury, till, at the acceffion of George I. the laft duke was attainted of high-treafon, and died abroad. In that part of the county, the family had great prerogatives and privileges granted them by Edward III. Another district in this county was anciently called the County of the Holy Crofs of Tipperary, from a famous abbey in it ftyled Holy Cross, on account of a piece of Chrift's cross that was faid to be preferved there. This abbey and district enjoyed alfo fpecial privileges in former times. The remains of the abbey, or rather the spot where it ftood, are still held in great veneration, and much reforted to by the Roman Catholics.

TIPSTAFF, an officer who attends the judges with a kind of ftaff tipped with filver, and takes into his charge all prisoners who are committed or turned over at a judge's chambers.

TIPULA, the CRANE-FLY; a genus of infects belonging to the order of diptera. The mouth is a prolongation of the head; the upper-jaw is arched. They have two palpi, which are curved, and longer than the head. The probofcis is fhort, and bends inwards. Gmelin enumerates 123 fpecies, of which 14 are British. They are divided into two families. 1. Thofe with wings difplayed. 2. Thofe with wings incumbent, and which in form resemble a gnat.

This two-winged infect is often taken for the gnat, which it refembles, but has not its mifchievous inftinct, nor its murderous probofcis. The larger tipulæ go by the name of fempfires, the fmall ones by that of culiciform; the latter, in fine fummer evenings, flutter about the water-fide in legions, through which a perfon may pafe on his way unhurt. The fhrill noife they make with their wings is not very difcernible. Tipule, before they become inhabitants of the air, creep under the form of grubs. Thofe which turn to larger tipulæ dwell in holes of decayed wil lows, in the dampeft places, where they change into chryfalids, and in that ftate have the faculty of breathing thro' two fmall curve horns; befides which they are endowed with progreffive motion, but not retrogreffive, being impeded by little spines placed on every ring of the abdomen. When the fhroud is torn, the infect, prettily apparelled, efcapes from his gloomy habitation by means of his wings, which often are variegated, and takes his paffime in the fields. Its long legs, and its wings, mutually affift each other when it either walks or flies. The larvae and chryfalids of the little tipulæ are found in water. They are various in colour, form, and carriage; fore being grey, others brown, and others red; fome, like the polypus, furnifhed with a pair of arms; feveral with cylindrical tubes that perform the office of vent-holes. Thefe fwim with nimbleness; thofe never leave the holes they have dug for themfelves in the banks of rivulets. Laftly, others make a filken cod that receives part of their body; but all of them, after a period, renounce their reptile and aquatic life, and receive wings from the hands of nature. Their frame is then fo weak, that a touch is enough to crush them.

TIROL, a county of Germany in the circle of Austria, under which may be included the territories belonging to the bifhops of Brixen, Trent, and Chur, Teutonic Order, and the prince of Deitrichftein, the Auftrian feigniories before the Arlberg, and the Auftrian districts in Swabia. It is 150 miles in length, and 120 in breadth, and containg 28 large towns.

The face of the country is very mountainous. Of these mountains, fome have their tops always buried in fnow; others are covered with woods, abounding with a variety of game; and others are rich in metals, and marble of all colours. Of the lower, fome yield plenty of corn, others wine, and woods of chefnut trees. The valleys are exceeding fertile alto, and pleafant. In fome places confiderable quantities of flax are raifed, in others there is a good breed of horfes and horned cattle; and, among the mountains, abundance of chamois and wild goats. In this country are alfo found precious ftones of feveral forts; as granates, rubies, amethyfts, emeralds, and a species of diamonds, agates, cornelians, chalcedonies, malachites, &c. nor is it without hot-baths, acid waters, falt-pits, mines of filver, copper, and lead, mineral colours, alum, and vitriol. The principal river of Tirol is the Inn, which, after traverfing the country, and receiving a number of leffer streams into it, enters Bavaria, in which, at Paffau, it falls into the Danube. The men here are very tall, robuft, and vigorous; the women alfo are ftout, and generally fair; and both fexes have a mixture of the Italian and German in their tempers and characters. As there is little trade or manufacture in the country, except what is occafioned by the mines and faltworks, many of the common people are obliged to feek a fubfiftence elsewhere. A particular kind of falutation is ufed all over Tirol. When a perfon comes into a houfe, he fays, "Hail! Jefus Chrift:" the antwer is, "May Chrift be praised, and the Holy Virgin his mother." Then the mafter of the house takes the vifitor by the hand. This falutation is fixed up in print at all the doors, with an advertifement tacked to it, importing, that pope Clement XI. granted 100 days indulgence, and a plenary abfolution, to thofe who fhould pronounce the falutation and anfwer, as often as they did it. The emperor has forts and citadelsfo advantageoufly fituated on rocks and mountains all over the country, that they command all the valleys, avenues, and paffes that lead into it. The inhabitants, however, to keep them in good humour, are more gently treated, and not fo highly taxed as thofe of the other hereditary countries. As to the tates, they are much the fame in this country as in the other Auftrian territories, except that the peafants here fend deputies to the diets Tirol came to the house of Auftria in the year 1363, when Margaret, countels thereof, bequeathed it to her uncles the dukes of Auftria. The arms of Tirol are an eagle gules, in a field argent The counts of Trap are hereditary ftewards: the lords of Glofz, chamberlains; the princes of Traution, maifhals; the counts of Wolkenftein, mafters of the horse and carvers; the house of Spaur, cup-bearers; the counts of Kungl, fewers and.

[blocks in formation]

Titan.

rangers; the counts of Brandis, keepers of the jewels; the houfe of Welfperg, purveyors and ftaff bearers; and the counts of Coalto, falconers. Befides the governor, here are three fovereign colleges, fubordinate to the court at Vienna, which fit at Infpruck, and have their different departments. Towards the expences of the military establishment of this county, the proportion is 100,000 florins yearly; but no more than one regiment of foot is generally quartered in it.

Tirol is divided into fix quarters, as they are called ; namely, thofe of the Lower and Upper Innthal, Vintfgow, Etch, Eifack, and Pusterthal.

TITAN, in fabulous hiftory, the fon of Calus and Terra, and the eldest brother of Saturn, fuffered the latter to enjoy the crown, on condition that he should bring up none of his male iffue, by which means the crown would at length revert to him; but Jupiter being fpared by the addrels of Rhea, Saturn's wife, l'itan and his chrildren were fo enraged at feeing their hopes fruftrated, that they took up arms to revenge the injury; and not only defeated Sa turn, but kept him and his wife prifoners till he was delivered by Jupiter, who defeated the Titans; when from the blood of thefe Titans flain in the battle, proceeded ferpents, fcorpions, and all venomous reptiles. See SATURN.

Such is the account given by the poets of this family of Grecian and Roman gods. From the fragments of Sanchoniatho, however, and other ancient writers, many learned men have inferred that the Titans were an early race of ambitious heroes, who laid the foundation of that idolatry which quick ly overfpread the world, and that by affuming the names of the luminaries of heaven they contrived to get themfelves every where adored as the Dii majorum gentium. That the word Titan fignifies the fun, there can indeed be very little doubt. Every one knows that fuch was its fignification in the Æolic dialect; and as it is evidently compounded of Ti, which, in fome oriental tongues, fignifies bright or clear, and Tan, which fignifies a country or the earth, it may be fafely concluded that Titan was the name of the fun before the word was imported into Greece. But the great queftion among antiquarians is, of what country was that race which, affuming to themfelves the names of the heavenly bodies, introduced into the world that fpecies of idolatry which is known by the appellation of Hero-worship?

M. Pezron, in a work published many years ago, and entitled The Antiquities of Nations, maintains that the Titans were a family of Sace or Scythians, who made their first appearance beyond Media and mount Imaus, in the upper regions of Afia; that they were the defcendants of Gomer the fon of Japheth and grandfon of Noah; and that after conquering a great part of the world, upon entering Upper Phrygia, they quitted their ancient name of Gomerians or Cimmerians, and affumed that of Titans. All this, he says, happened before the birth of Abraham and the foundation of the Affyrian monarchy; and he makes Uranus, their fecond prince in the order of fucceffion, to have conquered Thrace, Greece, the Ifland of Crete, and a great part of Europe. Uranus was fucceeded by Saturn, and Saturn by Jupiter, who flourished, he fays, 3co years before Mofes, and divided his vaft empire between himself, his brother Pluto, and his coufin-german Atlas, who was called Telamon. For the truth of this genealogy of the Titans M. Pezron appeals to the most approved Greek hiftorians; but unluckily for his hypothefis these writers have not a fingle fentence by which it can be fairly supported. It fuppofes not only the great antiquity of the Scythians, but likewife their early progrefs in arts and fciences, contrary to what we have proved in other articles of this work. See SCULPTURE, n° 4 and 5. and ScYTHIA.

[ocr errors]

Others, taking the fragment of Sanchoniatho's Phenician Tan, history for their guide, have fuppofed the Titans to have e been the defcendants of Ham. Of this opinion was bishop Cumberland; and our learned friend Dr Doig, to whom we have been indebted for greater favours, indulged us with the perufal of a manufcript, in which, with erudition and ingenuity struggling for the pre-eminence, he traces that impious family from the profane fon of Noah, and shows by what means they spread the indolatrous worship of them felves over the greater part of the ancient world. Cronus, of whofe exploits fome account has been given elsewhere (fee SANCHONIATHO), he holds to be Ham; and tracing the progrefs of the family from Phoenicia to Cyprus, from Cyprus to Rhodes, thence to Crete, and from Crete to Sa mathrace, he finds reafon to conclude that the branch called Titans or Titanides flourished about the era of Abraham, with whom, or with his fon Ifaac, he thinks the Cretan Jupiter muft have been contemporary. As they proceeded from countries which were the original feat of civilization to others in which mankind had funk into the groffeft barbaritm, it was eafy for them to perfuade the ignorant inha bitants that they derived the arts of civil life from their pa rent the fun, and in confequence of their relation to him to aflume to themfelves divine honours. To afk how they came to think of fuch grofs impiety, is a question as foolish as it would be to ask how Ham their ancestor became fo wicked as to entail the curfe of God upon himself and his pofterity. The origin of evil is involved in difficulties; but leaving all inquiries into it to be profecuted by the metaphyfician and moralift, it is furely more probable that the worship of dead men originated among the defcendants of Ham than among thofe of Shem and Japheth; and that the fragment of Sanchoniathe, when giving an account of the origin of the Titans, the undoubted authors of that worship, is more deferving of credit than the fabulous and comparitively late writers of Greece and Rome.

TITHES, in ecclefiaftical law, are defined to be the tenth part of the increafe, yearly arifing and renewing from the profits of lands, the flock upon lands, and the perfonal industry of the inhabitants: the firft fpecies being ufually called predial, as of corn, grafs, hops, and wood; the second mixed, as of wool, milk, pigs, &c. confifting of natural products, but nurtured and preferved in part by the care of man; and of these the tenth must be paid in grofs; the third perfonal, as of manual occupations, trades, fisheries, and the like; and of these only the tenth-part of the clear gains and profits is due.

We fhall, in this article, confider, 1. The original of the right of tithes. 2. In whom that right at present subsists. 3. Who may be discharged, either totally or in part, from paying them.

Blackf

1. As to their original, we will not put the title of the clergy to tithes upon any divine right; though fuch a right certainly commenced, and we believe as certainly ceased, with the Jewish theocracy. Yet an honourable and competent maintenance for the minifters of the gofpel is undoubtedly jure divino, whatever the particular mode of that Comment maintenance may be. For, befides the pofitive precepts of the New Testament, natural reafon will tell us, that an order of men who are separated from the world, and excluded from other lucrative profeffions for the fake of the reft of mankind, have a right to be furnished with the neceffaries, conveniences, and moderate enjoyments of life, at their expence; for whofe benefit they forego the ufual means of providing them. Accordingly all municipal laws have pro vided a liberal and decent maintenance for their national priests or clergy; ours, in particular, have established this of tithes, probably in imitation of the Jewish law: and per

2

haps,

Tithes, hape, confidering the degenerate ftate of the world in general, it may be more beneficial to the English clergy to found their title on the law of the land, than upon any divine right whatfoever, unacknowledged and unfupported by temporal

fanctions.

We cannot precisely afcertain the time when tithes were first introduced into this country. Poffibly they were contemporary with the planting of Chriftianity among the Saxons by Auguftin the monk, about the end of the fixth, century. But the first mention of them which we have met with in any written English law, is a conftitutional decree, made in a fynod held A. D. 786, wherein the payment of tithes in general is ftrongly enjoined. This canon or decree, which at first bound not the laity, was effectually confirmed by two kingdoms of the heptarchy, in their parliamentary conventions of eftates, refpectively confifting of the kings of Mercia and Northumberland, the bifhops, dukes, fenators, and people. Which was a few years later than the time that Charlemagne established the payment of them in France, and made that famous divifion of them into four parts; one to maintain the edifice of the church, the fecond to fupport the poor, the third the bishop, and the fourth the parochial clergy.

The next authentic mention of them is in the fadus Edwardi et Guthruni; or the laws agreed upon between king Guthrun the Dane, and Alfred and his fon Edward the Elder, fucceffive kings of England, about the year 900. This was a kind of treaty between thofe monarchs, which may be found at large in the Anglo-Saxon laws: wherein it was neceffary, as Guthrun was a Pagan, to provide for the fubfiftence of the Chriftian clergy under his dominion; and accordingly, we find the payment of tithes not only enjoined, but a penalty added upon non-obfervance: which law is feconded by the laws of Athelstan, about the year 930. And this is as much as can certainly be traced out with regard to their legal original.

2. We are next to confider the perfons to whom tithes are due. Upon their firft introduction, though every man was obliged to pay tithes in general, yet he might give them to what priefts he pleased, which were called arbitrary confecrations of tithes ; or he might pay them into the hands of the bishop, who diftributed among his diocefian clergy the revenues of the church, which were then in common. But when diocefes were divided into parishes, the tithes of each parish were allotted to its own particular minifter; first by common confent or the appointments of lords of manors, and afterwards by the written law of the land.

Arbitrary confecrations of tithes took place again afterwards, and were in general ufe till the time of king John. This was probably owing to the intrigues of the regular clergy, or monks of the Benedictine and other orders, under archbishop Dunftan and his fucceffors; who endeavoured to wean the people from paying their dues to the fecular or parochial clergy (a much more valuable fet of men than themfelves), and were then in hopes to have drawn, by fanctimonious pretences to extraordinary purity of life, all ecclefiaftical profits to the coffers of their own focieties. And this will naturally enough account for the number and riches of the monafteries and religious houfes which were founded in thofe days, and which were frequently endowed with tithes. For a layman, who was obliged to pay his tithes fomewhere, might think it good policy to erect an abbey, and there pay them to his own monks, or grant them to fome abbey already erected: fince for this donation, which really coft the patron little or nothing, he might, according to the fuperftition of the times, have maffes for ever fung for his foul. But in procefs of years, the income of the poor laborious parish-priests being scanda. VOL. XVIII. Part II.

loufly reduced by thefe arbitrary confecrations of tithes, it Tithes,
was remedied by pope Innocent III. about the year 1200,
in a decretal epiftle fent to the archbishop of Canterbury,
and dated from the palace of Lateran: which has occafion-
ed Sir Henry Hobart and others to mistake it for a decree
of the council of Lateran, held A. D. 1179, which only
prohibited what was called the infeodation of tithes, or their
being granted to mere laymen; whereas this letter of pope
Innocent to the archbishop enjoined the payment of tithes
to the parfons of the refpective parishes where every man
inhabited, agreeable to what was afterwards directed by
the fame pope in other countries. This epiftle, fays Sir
Edward Coke, bound not the lay fubjects of this realm
but being reasonable and juft, it was allowed of, and fo be
caine lex terra. This put an effectual ftop to all the ar-
bitrary confecrations of tithes ; except fome footsteps which
ftill continue in thofe portions of tithes which the parfon of
one parish hath, though rarely, a right to claim in another:
for it is now univerfally held, that tithes are duc, of com
mon right, to the parfon of the parish, unless there be a
fpecial exemption. This parfon of the parish may be either
the actual incumbent, or else the appropriator of the bene
fice; appropriations being a method of endowing monaf
teries, which feems to have been devised by the regular
clergy, by way of fubftitution to arbitrary confecrations of
tithes.

3. We obferved that tithes are due of common right to the parfon, unless by fpecial exemption; let us therefore fee, thirdly, who may be exempted from the payment of tithes, and how lands and their occupiers may be exempted or discharged from the payment of tithes, either in part or totally; firit, by a real compofition; or, fecondly, by custom or prelcription.

First, a real compofition is when an agreement is made between the owner of the lands and the parfon or vicar, with the confent of the ordinary and the patron, that such lands fhall for the future be difcharged from payment of tithes, by reason of fome land or other real recompenfe given to the parfon in lieu and fatisfaction thereof. This was permitted by law, because it was fuppofed that the clergy would be no lofers by fuch compofition; fince the confent of the ordinary, whofe duty it is to take care of the church in general, and of the patron, whofe interest it is to protect that particular church, were both made neceffary to render the compofition effectual: and hence have arifen all fuch compofitions as exift at this day by force of the common law. But experience fhowing that even this caution was ineffectual, and the poffeffions of the church being by this and other means every day diminished, the disabling ftatute 13 Eliz. c. 1c. was made; which prevents, among other spiritual perfons, all parfons and vicars from making any conveyances of the eftates of their churches, other than for three lives or 21 years. So that now, by virtue of this ftatute, no real compofition made fince the 13 Eliz. is good for any longer term than three lives or 21 years, though made by confent of the patron and ordinary: which has indeed effectually demolished this kind of traffic; fuch compofitions being now rarely heard of, unlefs by authority of parliament.

Secondly, a difcharge by cuftom or prefcription, is where time out of mind fuch perfons or fuch lands have been either partially or totally discharged from the payment of tithes. And this immemorial ufage is binding upon all parties; as it is in its nature an evidence of univerfal confent and acquiefcence, and with reafon fuppofes a real compofition to have been formerly made. This cuftom or prefcription is either de modo decimandi, or de non decimando. A modus decimandi, commonly called by the fimple name 3 Y

of

Titan

to parochial tranquillity, and even to religion, that fome Tithing, juft and reasonable standard of compofition could be fixed. Land has been propofed, but in the prefent state of the divifion of property this is impoffible: and as money is continually changing in its value, it would alfo be a very improper ftandard, unless fome plan could be formed by which the compofition could be increafed as the value of money diminishes. A plan of this kind has been published in the Tranfactions of the Society inftitute! at Bath, Vol. IV. which thofe who are interested in this subject may confult for farther information.

An

TITHING, (Tithinga, from the Sax. Theothunge, i.e. Decuriam), a number or company of ten men, with their families, knit together in a kind of fociety, and all bound to the king, for the peaceable behaviour of each other. ciently no man was fuffered to abide in England above forty days, unless he were enrolled in fome tithing.-One of the principal inhabitants of the tithing was annually appointed to prefide over the reft, being called the tithing-mn, the head-borongh, and in fome countries the boreholder, or borough's calder, being fuppofed the difcreeteft man in the borough, town, or tithing. The diftribution of England into tithings and hundreds is owing to king Alfred. See BORSEHOLDER.

Tithes. of a modus only, is 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. This is fometimes a pecuniary compenfation, as twopence an acre for the tithe of land: fometimes it is a compenfation in work and labour, as that the parfon fhall have only the twelfth cock of hay, and not the tenth, in confideration of the owner's making it for him: fometimes, in lieu of a large quantity of crude or imperfect tithe, the parfon fhall have a lets quantity when arrived at greater maturity, as a couple of towls in lieu of tithe eggs, and the like. Any means, in fhort, whereby the general law of tithing is altered, and a new method of taking them is introduced, is called a modus de imandi, or special manner of tithing. A prefeription de non decimando is a claim to be entirely difcharged of tithes, and to pay no compenfation in lieu of them. Thus the king by his prerovative is discharged from all tithes. So a vicar fhall pay no tithes to the rector, nor the rector to the vicar, for ecclefia decimas non folvit ecclfie. But thefe perfonal privileges (not arifing from or being annexed to the land) are perion. ally confined to both the king and the clergy; for their tenant or leffee shall pay tithes, though in their own occupation their lands are not generally tithable. And, generally fpeaking, it is an eftablished rule, that in lay hands, modus de non decimando non valet. But fpiritual perfons or corporations, as monafteries, abbots, bishops, and the like, were always capable of having their lands totally difcharged of tithes by various ways: as, 1. By real compofition. 2. By the pope's bull of exemption. 3. By unity of poffeffion; as when the rectory of a parifh, and lands in the fame parish, both belonged to a religious houfe, thofe lands were ditcharged of tithes by this unity of poffeffion. 4. By prefeription; having never been liable to tithes, by being always in fpiritual hands. 5. By virtue of their order; as the Knights Templars, Ciftercians, and others, whole lands were privileged by the pope with a discharge of tithes. Though, upon the diffolution of abbeys by Henry VIII. moft of thele exemptions from tithes would have fallen with them, and the lands become tithable again, had they not been fupported and upheld by the ftatute 31 Henry VIII. c. 13. which enacts, that all perfons who fhould come to the poffeffion of the lands of any abbey then diffolved, fhould hold them free and difcharged of tithes, in as large and ample a manner as the abbeys themselves formerly held them. And from this original have fprung all the lands which being in lay hands, do at prefent claim to be tithe-free for if a man can fhow his lands to have been fuch abbey-lands, and alto immemorially discharged of tithes by any of the means before-mentioned, this is now a good prefcription de non decimando. But he must fhow both thefe requifites for abbey-lands, without a special ground of discharge, are not discharged of courfe; neither will any prefcription de non decimando avail in total difcharge of tithes, unless it relates to fuch abbey-lands.

:

It is univerfally acknowledged that the payment of tithes in kind is a great difcouragement to agriculture. They are inconvenient and vexatious to the husbandman, and operate as an impolitic tax upon induftry. The clergyman, too, frequently finds them troublesome and precarious; his expences in collecting are a confiderable drawback from their value, and his just rights are with difficulty fecured: he is too often obliged to fubmit to impofition, or is embroiled with his parishioners in difputes and litigations, no lefs irkfome to his feelings than prejudicial to his intereft, and tending to prevent thole good effects which his precepts fhould produce. It is therefore of the utmost importance

TITIANO VECELLI, or TITIAN, the most univerfal genius for painting of all the Lombard fchool, the best colourist of all the moderns, and the moft eminent for hiflories, portraits, and landfcapes, was born at Cadore, in Pill the province of Friuli, in the ftate of Venice, in 1477, OF Didy in 1480 according to Vafari and Sandrart. His parents a fent him at ten years of age to one or his uncles at Venice, who finding that he had an inclination to painting, put him to the fchool of Giovanni Bellino.

But as foon as Titian had feen the works of Giorgione, whofe manner appeared to him abundantly more elegant, and lefs contrained than that of Bellino, he determined to quit the ftyle to which he had to leng been accustomed, and to pursue the other that recommended ithelf to him, by having more force, more relief, more nat ure, and more truth. Some authors affirm, that he placed himself as a difciple with Giorgione; yet others only fay, that he cultivated an intimacy with him; but it is undoubtedly cer tain that he ftudied with that great mafter; that he learn ed his method of blending and uniting the colours; and practifed his manner fo effectually, that feveral of the paintings of Titian were taken for the performances of Gior gione; and then his fuccefs infpired that artist with an invincible jealoufy of Titian, which broke off their connection for ever after.

The reputation of Titian rofe continually; every now work contributed to extend his fame through all Europe;. and he was confidered as the principal ornament of the age. in which he flourished. And yet, Sandrart obferves, that amidft all his applaufe, and conftant employment at Venice, his income and fortune were inconfiderable; and he was more remarkable for the extenfiveness of his talents, than for the affluence of his circumftances. But when his merit was made known to the emperor Charles V. that monarch knew how to fet a juft value on his fuperior abilities; he enriched him by repeated bounties, allowed him a confider able penfion, conferred on him the honour of knighthood,. and what was ftill more, honoured him with his friendship. He painted the portrait of that benefactor several times; and it is recorded by Sandrart, that one day, while the em peror was fitting for his picture, a pencil happening to drop from the painter, he flooped, took it up, and returned it; obligingly anfwering to the modeft apology of the artit

« ZurückWeiter »