Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/36

 24 on is now become for ever preentative, and hall never be donative any more. For thee exceptions to general rules, and common right, are ever looked upon by the law in an unfavourable view, and contrued as trictly as poible. If therefore the patron, in whom uch peculiar right reides, does once give up that right, the law, which loves uniformity, will interpret it to be done with an intention of giving it up for ever; and will thereupon reduce it to the tandard of other eccleiatical livings.

II. pecies of incorporeal hereditaments is that of tithes; which are defined to be the tenth part of the increae, yearly ariing and renewing from the profits of lands, the tock, upon lands, and the peronal indutry of the inhabitants: the firt pecies being uually called predial, as of corn, gras, hops, and wood ; the econd mixed, as of wool, milk, pigs, &c, coniting of natural products, but nurtured and preerved in part by the care of man; and of thee the tenth mut be paid in gros: the third peronal, as of manual occupations, trades, fiheries, and the like; and of thee only the tenth part of the clear gains and profits is due.

is not to be expected from the nature of thee general commentaries, that I hould particularly pecify, what things are tithable, and what not, the time when, or the manner and proportion in which, tithes are uually due. For this I mut refer to uch authors as have treated the matter in detail: and hall only oberve, that, in general, tithes are to be paid for every thing that yields an annual increae, as corn, hay, fruit, cattle, poultry, and the like; but not for any thing that is of the ubtance of the earth, or is not of annual increae, as tone, lime, chalk, and the like: nor for creatures that are of a wild nature, or ferae naturae, as deer, hawks, &c, whoe increae, o as to profit the owner, is not annual, but caual. It will rather be our buines to conider, 1. The original of the right of tithes. 2. In whom Rh