Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol II).djvu/44

 32 were dicharged of tithes by this unity of poeion: 4. By precription; having never been hable to tithes, by being always in piritual hands: 5. By virtue of their order; as the knights templars, citercians, and others, whoe lands were privileged by the pope with a dicharge of tithes. Though, upon the diolution of abbeys by Henry VIII, mot of thee exemptions from tithes would have fallen with them, and the lands become tithable again; had they not been upported and upheld by the tatute 31 Hen. VIII. c. 13. which enacts, that all perons who hould come to the poeion of the lands of any abbey then diolved, hould hold them free and dicharged of tithes, in as large and ample a manner as the abbeys themelves formerly held them. And from this original have prung all the lands, which, being in lay hands, do at preent claim to be tithe-free: for, if a man can hew his lands to have been uch abbey lands, and alo immemorially dicharged of tithes by any of the means before-mentioned, this is now a good precription de non decimando. But he mut hew both thee requiites: for abbey lands, without a pecial ground of dicharge, are not dicharged of coure; neither will any precription de non decimando avail in total dicharge of tithes, unles it relates to uch abbey lands.

III. , or right of common, appears from it's very definition to be an incorporeal hereditament: being a profit which a man hath in the land of another; as to feed his beats, to catch fih, to dig turf, to cut wood, or the like. And hence common is chiefly of four orts; common of pature, of picary, of turbary, and of etovers.

1. of pature is a right of feeding one's beats on another's land; for in thoe wate grounds, which are uually called commons, the property of the oil is generally in the lord of the manor; as in common fields it is in the particular tenants. This kind of common is either appendant, appurtenant, becaue of vicinage, or in gros. Rh