Legal Definitions - tithe of agistment

The term tithe of agistment refers to a historical church tax levied on land used for grazing livestock.

Historically, a "tithe" was a payment, typically one-tenth of agricultural produce or income, made to support the church or clergy. "Agistment" describes the practice of pasturing another person's livestock on one's land for a fee. Therefore, a tithe of agistment was a specific charge imposed by the church on land designated for grazing.

A key characteristic of this tithe was that it was paid by the occupier of the grazing land, rather than by the person who owned the animals grazing on it. This distinction is crucial for understanding its application.

Here are some examples to illustrate the concept:

• Example 1: In a medieval village, Farmer Giles owned a large pasture where he kept his personal flock of sheep and a small herd of cattle. As the occupier of this grazing land, Farmer Giles would have been responsible for paying the tithe of agistment to the local parish church, based on the value or extent of his pasture.

  Explanation: This illustrates that even when the landowner grazes their own animals, they are the occupier of the land and thus liable for the tithe.

• Example 2: Lady Eleanor owned a vast estate, but she leased a portion of her prime meadowland to Master Thomas, a local shepherd, specifically for grazing his large flock of sheep. Under the terms of the tithe of agistment, Master Thomas, as the occupier of the leased grazing land, would have been the one obligated to pay the tithe to the church, not Lady Eleanor, the landowner.

  Explanation: This demonstrates that the tithe followed the person who occupied and used the land for grazing, even if they were a tenant rather than the owner.

• Example 3: Lord Ashworth had a large, fertile meadow that he didn't fully utilize for his own livestock. He made an arrangement with a neighboring cattle breeder, Mr. Davies, to allow Mr. Davies's cows to graze on his meadow for a seasonal fee. Lord Ashworth maintained control and management of the meadow. In this scenario, Lord Ashworth, as the occupier of the land, would have been responsible for paying the tithe of agistment to the church, even though the animals belonged to Mr. Davies.

  Explanation: This highlights that the tithe was a charge on the land's use for grazing, paid by the person controlling or occupying that land, regardless of who owned the livestock being grazed.