being correſpondent to the antient law) it was allowed of, and ſo became lex terrae. This put an effectual ſtop to all the arbitrary conſecrations of tithes; except ſome footſteps which ſtill continue in thoſe portions of tithes, which the parſon of one pariſh hath, though rarely, a right to claim in another: for it is now univerſally held[1], that tithes are due, of common right, to the parſon of the pariſh, unleſs there be a ſpecial exemption. This parſon of the pariſh, we have formerly ſeen[2], may be either the actual incumbent, or elſe the appropriator of the benefice: appropriations being a method of endowing monaſteries, which ſeems to have been deviſed by the regular clergy, by way of ſubſtitution to arbitrary conſecrations of tithes[3].
3. We obſerved that tithes are due to the parſon of common right, unleſs by ſpecial exemption: let us therefore ſee, thirdly, who may be exempted from the payment of tithes, and how. Lands, and their occupiers, may be exempted or diſcharged from the payment of tithes, either in part or totally, firſt, by a real compoſition; or, ſecondly, by cuſtom or preſcription.
First, a real compoſition is when an agreement is made between the owner of the lands, and the parſon or vicar, with the conſent of the ordinary and the patron, that ſuch lands ſhall for the future be diſcharged from payment of tithes, by reaſon of ſome land or other real recompenſe given to the parſon, in lieu and ſatisfaction thereof[4]. This was permitted by law, becauſe it was ſuppoſed that the clergy would be no loſers by ſuch compoſition; ſince the conſent of the ordinary, whoſe duty it is to take care of the church in general, and of the patron, whoſe intereſt it is to protect that particular church, were both made neceſſary to render the compoſition effectual: and hence have ariſen all ſuch compoſitions as exiſt at this day by force of the common law. But, experience ſhewing that even this caution was ineffectual, and
