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■which law is seconded by the laws of Atlieislan, about A. D. 930.Upon their first introduction, though every man was obliged topay tithes in general, yet he might give them to what priests hepleased; which were called arbitrary consecrations of tithes; orhe might pay them into the hands of the bishop, who distributedamong his dioclesan clergy the revenues of the church, whichwere then in common. But when dioceses were divided’ intoparishes, the tithes of each parish were allotted to its own particu-lar minister; first by common consent or the appointments oflords of manors, and afterwards by the written law of the landArbitrary consecrations of tithes took place again afterwards, andwere in general use till the time of King John. But they wereprohibited by pope Innocent Ill. about A. D. 1200, in a decretalepistle, sent to the Archbishop. This epistle, says Sir EdwardCoke , bound not the lay subjects of this realm ; but being rea-sonable and just, it was allowed of, and so became lex terra*..Lands and their occupiers may be exempted from the paymentof tithes, either in part or totally ; first, by a real composition ; orsecondly bv custom or prescription. 1. A real composition is whenan agreement is made between the owner of the lands and theparson or vicar, with the. consent of the ordinary and the patron,that such lands shall for the future be discharged from payment oftithes, by reason of some land or real recompence given to theparson in lieu and satisfaction thereof. This was permitted bylaw, because it was supposed that tlie clergy would be no losersby such composition-; since the consent of the ordinary*, whoseduty it is to take care of the church in general, and of the patron,whose interest it is to protect that particular church, were bothmade necessary to render the composition effectual: and hencehave arisen all such compositions gs exist at this day by force ofthe common law. But experience shewing that even this cautionwas ineffectual, and the possessions of the church being by thisand other means every day diminished, the disabling statute 13l£liz. c. 10, was made: which prevents, among other spiritualpersons, all parsons and vicars from making any conveyances ofthe estates of their churches, other than for three lives of 21 years.So that now, by this statute, no real composition made since the13 Eliz. is good for any longer term than three lives of 21 years,though made by consent of the patron and ordinary: w hich hat;indeed effectually demolished this kind of traffic : such composi-tions being now rarely heard of unless by authority of parliament,ll. Adischargebycustomorprescription, is where time out of mindsuch persons or such lands have been either partially or totally dis-charged from the payment of titiies. And this immemorial usageIs binding upon all parties; as it is in its nature an evKi ence c f Ul f;_Versa I consent and acquiescence, and with reason supposes a realcomposition to have been formerly made. This custom or pre-scription is either de modo decimandi, or tie non decintando. Amodus (tecimandi, commonly called by the simple name of amodus only, is where there is by custom a particular manner ofI'thing allowed, different from the general law of taking tithes inkind, which are the actual tentli part of the annual increase. Thisls sometimes a pecuniary compensation, as twopence an acre forjke tithe of land : sometimes it is a compensation in work and la-bour, as that the parson shall have only the twelfth cock of hay,,ai 'd not the tenth, in consideration of the owner’s making it formm ; sometimes in lien of a large quantity of crude or imperfectmhe the parson shall have a less quantity when arrived at greatermaturity, as a couple of fowls in lieu of tithe-eggs, and the like,"ly means, in short, whereby the general law of tithing is altered,a nd a new method of taking them is introduced, is called a modusc ’ ec jaiaiidi, or special maimer of tithing. A prescription de nondecimando is a claim to be entirely^discharged of tithes, and toP a y no compensation in lieu of them.' Thus the king by his pre-rogative is discharged from all tithes. So a vicar shall pay no‘*hes to the rector, nor the rector to the vicar for ecclesia dectmaston solvit ->--;iesire. But these personal privileges (not arisingannexed to, the land) are personally confined to

.. —. h and the .clergy ; fortheir tenant or lessee shall pay

'thes, though in their own occupation their lands are not gene-all y tithable. And, generally speaking, it is an established rule,tat in lay hands, modus de non decimando non valet. But spi-an l d | persons or corporations, as monasteries, abbots, bishops,jj t!l e like, were always capable of having their lands totally' ‘^‘‘arged of tithes by various ways: as, I. By real composition.

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2. By the pope’s bull of exemption. 3. By unity of possession ;as when the rectory of a parish, and lands in the same parish, bothbelonging to a religious house, those lands were discharged oftithes by this unity of possession. 4. Bv prescription; havingnever been liable to tithes, by being always in spiritual hands. 5.By virtue of their order; as the Knights Templars, Cistercians ,and others, whose lands were privileged by the pope with a dis-charge of tithes. Though, upon the dissolution of abbeys byHenry VII1. c. 13, most of these exemptions from tithes wouldhave fallen with them, and the lands become tithable again,had they not been supported and upheld by the statute 31Ilenry VIII. which enacts that all persons who should ccmeto the possession of the lands of any abbey then dissolved,should hold them free and discharged of tithes, in as large andample a manner as the abbeys themselves formerly held them.And from this original have sprung all the lands which being inlay bands, do at present claim to be tithe-tree: for if a man cai»shew his lands to have been sucli abbey-lands, and also ininiemo-nally discharged of tithes by any of the means before-mentioned,this is now a good prescription de non decimando. But he mustshew both these requisites: for abbey-lands, without a specialground of discharge, are not discharged of course; neither will anyprescription de non decimando avail in total discharge of tithes,unless it relates to such abbey-lands.

TITHING. Anciently no man was suffered to abide in Eng-land above 40 days, unless he were enrolled in some tithing. Oneof the principal inhabitants of the tithing was annually appointedto preside over the rest, being called the tithing-menj the head-borough, and in some countries the horse-holder, or borough’scald.er, beiti? supposed the discreetest man in the borough-town, ortithing. The distribution of England into tithings and hundredsis owing to king Alfred.

Tithing-Mem are a kind of petty constables, elected by pa-rishes, and sworn into their offices in the court leet, and some-times by justices of the peace, &c.

TITHONUS, in fabulous history, the son of Laomedon kingof Troy, was beloved by Aurora, who carried him to Delos, thenceto Ethiopia, and at last to heaven, where she prevailed on the Des-tinies to bestow upon him the gift of immortality; but forgot toadd that of youth.

TITIAN , orTITIANO, Vecflli, the most universal geniusfor painting of all the Lombard school, the best colourist of allthe moderns, and the most eminent for histories, portraits, andlandscapes, was born at Cadore, in Friuli, in the department of Ve-nice, in 1477, or in 14S0 according to Vasari and Sandrart . Hisparents sent him at ten years of age to one of his uncles at Venice ,who finding that lie had an inclination to painting, put him to theschool of John Bellino. But as soon as Titian had seen the worksof Giorgione , lie preferred his maimer, and became his disciple;and lie followed him in his practice so successfully that severalof the paintings of Titian were taken for the performances ofGiorgione ; and this success iii'-pired that artist with suchinvincible jealousy, that he broke off their connection forever.The reputation of Titian rose rapidly; every new work con-tributed to extend his fame through all Europe ; and he was con-sidered as the principal ornament of the age. Charles V. enrichedhim by repeated bounties, conferred on him the honour of knight-hood, and sat for his portrait several times. The excellence ofTitian was not so remarkably apparent in the historical composi-tions, which he painted, as in his portraits and landscapes, wlfichseem to he superior to all competition; and even to this day,many of them preserve tlieir original beauty, being as much theadmiration of the present age as they have deservedly been of theages past. It would prove almost an endless task to enumeratethe variety of works executed by this illustrious artist, at Rome ,Venice, Bologna, and Florence, in other cities of Italy , in Eng-land, Spain, Germany , and Prance. He was of so happy a con-stitution, that he was never ill till 157o, when he died of theplague, at 99 years of age. His disciples were Paul Veronese ,Janies Tintoret, James de Porte Bassano, and his sons.

TITLE, in law, denotes any right which a person has to thepossession of a thing, or an authentic instrument whereby* he canprove his right. '

TITMOUSE, in ornithologySee Parus.

TITUL, a town of Hungary *. 24 miles E. S. E, of Peter Wa-

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