Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/43

 Ch. 3. as evidence to hew that it once did exit, and that from thence uch uage was derived. Now time of memory hath been long ago acertained by the law to commence from the reign of Richard the firt and any cutom may be detroyed by evidence of it's non-exitence in any part of the long period from his days to the preent: wherefore, as this real compoition is uppoed to have been an equitable contract, or the full value of the tithes, at the time of making it, if the modus et up is o rank and large, as that it beyond dipute exceeds the value of the tithes in the time of Richard the firt, this modus is felo de e and detroys itelf. For, as it would be detroyed by any direct evidence to prove it's non-exitence at any time ince that aera, o alo it is detroyed by carrying in itelf this internal evidence of a much later original.

de non decimando is a claim to be entirely dicharged of tithes, and to pay no compenation in lieu of them. Thus the king by his prerogative is dicharged from all tithes. So a vicar hall pay no tithes to the rector, nor the rector to the vicar, for eccleia decimas non olvit eccleiae. But thee privileges are peronal to both the king and the clergy; for their tenant or leee hall pay tithes of the ame land, though in their own occupation it is not tithable. And, generally peaking, it is an etablihed rule, that in lay hands, modus de non decimando non valet. But piritual perons or corporations, as monateries, abbots, bihops, and the like, were always capable of having their lands totally dicharged of tithes, by various ways : as, 1. By real compoition: 2. By the pope's bull of exemption: 3. By unity of poeion; as when the rectory of a parih, and lands in the ame parih, both belonged to a religious houe, thoe lands Rh