ſon is now become for ever preſentative, and ſhall never be donative any more[1]. For theſe exceptions to general rules, and common right, are ever looked upon by the law in an unfavourable view, and conſtrued as ſtrictly as poſſible. If therefore the patron, in whom ſuch peculiar right reſides, 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 ſtandard of other eccleſiaſtical livings.
II. A second ſpecies of incorporeal hereditaments is that of tithes; which are defined to be the tenth part of the increaſe, yearly ariſing and renewing from the profits of lands, the ſtock, upon lands, and the perſonal induſtry of the inhabitants: the firſt ſpecies being uſually called predial, as of corn, graſs, hops, and wood[2]; the ſecond mixed, as of wool, milk, pigs, &c[3], conſiſting of natural products, but nurtured and preſerved in part by the care of man; and of theſe the tenth muſt be paid in groſs: the third perſonal, as of manual occupations, trades, fiſheries, and the like; and of theſe only the tenth part of the clear gains and profits is due[4].
It is not to be expected from the nature of theſe general commentaries, that I ſhould particularly ſpecify, what things are tithable, and what not, the time when, or the manner and proportion in which, tithes are uſually due. For this I muſt refer to ſuch authors as have treated the matter in detail: and ſhall only obſerve, that, in general, tithes are to be paid for every thing that yields an annual increaſe, as corn, hay, fruit, cattle, poultry, and the like; but not for any thing that is of the ſubſtance of the earth, or is not of annual increaſe, as ſtone, lime, chalk, and the like: nor for creatures that are of a wild nature, or ferae naturae, as deer, hawks, &c, whoſe increaſe, ſo as to profit the owner, is not annual, but caſual[5]. It will rather be our buſineſs to conſider, 1. The original of the right of tithes. 2. In whom
