5. Of Subtraction of Tithes.

By Stat. 2. and 3. Ed. G. 13. no person shall carry away predial tithes before he hath justly set forth the tithes, or agreed for the same with the 126Parson, &c. or farmer, under pain of treble value of the tithes carried away.

Evidence that land had always been remembered to be in pasture, and had never within living memory paid any tithe, was holden insufficient to defeat an action on this statute. 5 T. Rep. 260.

The action lies by an impropriator or his lessee, tho’ lay, as well as by an ecclesiastical person. 2 Instit. 650.

An action lies not on this statute for any other than predial tithes. 1 Browne. 31. 2 Inst. 649.