Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/40

 28 being correpondent to the antient law) it was allowed of, and o became lex terrae. This put an effectual top to all the arbitrary conecrations of tithes; except ome footteps which till continue in thoe portions of tithes, which the paron of one parih hath, though rarely, a right to claim in another: for it is now univerally held, that tithes are due, of common right, to the paron of the parih, unles there be a pecial exemption. This paron of the parih, we have formerly een , may be either the actual incumbent, or ele the appropriator of the benefice: appropriations being a method of endowing monateries, which eems to have been devied by the regular clergy, by way of ubtitution to arbitrary conecrations of tithes.

3. oberved that tithes are due to the paron of common right, unles by pecial exemption: let us therefore ee, thirdly, who may be exempted from the payment of tithes, and how. Lands, and their occupiers, may be exempted or dicharged from the payment of tithes, either in part or totally, firt, by a real compoition; or, econdly, by cutom or precription.

, a real compoition is when an agreement is made between the owner of the lands, and the paron or vicar, with the conent of the ordinary and the patron, that uch lands hall for the future be dicharged from payment of tithes, by reaon of ome land or other real recompene given to the paron, in lieu and atisfaction thereof. This was permitted by law, becaue it was uppoed that the clergy would be no loers by uch compoition; ince the conent of the ordinary, whoe duty it is to take care of the church in general, and of the patron, whoe interet it is to protect that particular church, were both made neceary to render the compoition effectual: and hence have arien all uch compoitions as exit at this day by force of the common law. But, experience hewing that even this caution was ineffectual, and Rh