3. Of a Modus, Custom, &c.

A CUSTOM to pay only part of the tithe, without substituting any thing in lieu or the remainder, is bad. But a custom to pay less than the whole tithe may he good, where something in lien of, and as a compensation for the rest, is paid to the Parson. 7 T. Rep. 93.

A modus is a composition time out of mind. 2 Gwill. 591.

A modus is a real composition founded on an agreement. 2 Gwill. 689.

The only difference between a modus and composition is, that the first is, time out of mind, and the last, only a late agreement. Id. 612. 4 Gwill. 1397.

A custom to pay 4d. an acre in lieu of the agistment tithe of barren cattle above a year old, if fed one month in the parish, is good. 3 Gwill. 1048.

A custom to pay 3d a head for sheep agisted between Candlemas and shearing day, and a fleece of every hundred every month for all sheep brought into the parish after the 2d of February, and shorn therein is bad. 3 Gwill. 1048.

To constitute a good MODUS, it seems necessary that it should be such as would have been a certain, fair, and reasonable equivalent or composition for the tithes in kind, before the year 1189; and, therefore no modus for hops, turkeys, or other things introduced into England since that time, can be good. Bunb. 307.

A modus of one penny for every sheep, and a halfpenny for every lamb brought into the parish after Candlemas, and sold out before shearing time, is not an agistment, but a wool modus, 4 Gwill. 1462. 1468..