Excerpt from A Collection of Records and Acts of Parliament, Vol. 3 of 4: With Reports of Cases Argued and Determined in the Courts of Law and Equity, Respecting Tithes
As to tithing lambs on St. Mark's Day, I do not think the usage only is necessary to establish a custom; but the reasonableness is likewise material. If it is impracticable, that ought to decide agaipst the usage. If the lambs are of no value, or not of proper value on St. Mark's Day, the custom is unreasonable. It is proved, that lambs fan from Christmas to near Midsummer, and cannot live before ten weeks old. Such a custom may not be bad upon the face of it, because the parson has a benefit; but still it ought to go to a jury; and if facts are proved to them, which shew that in the country, where the question arises, it is unreasonable, the;r ought to find against it.
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