102

95
Book II. Rights of Things.
([1] Bancroft Hist U.S.)
Advonsons are 2 of kinds — 1st The right of presen—
(2 Kent 328 n (4))—tation to a church. 2nd — Tithes. Neither of these
exist in Va. Prior to the Amer. Revolution the
knowledge was of some practical importance.
There was then an established church (Episcopal)
(2 Do 317) though the right of presentation in no case
belonged to private individuals but was exercised
by the vestry. The stipend of a parson was
(McIntosh p 36.) 80 pounds sterling a year to be paid in Tobaco
out of [levies?] on all the male & white per—
(2 Kent 317 Et Seq) —sons & all slaves over a certain age; (hence the
origin of the word titheables) & these tithes
were collected by the church wardens. Tobaco
constituted the currency & was a legal tender
(corn ten shillings pr barrel) in Va until 1849. This stipend of Tobaco
was legal at the rate of 12 shillings pr hundred,
until 1748 — when the price of tobaco depre—
—ciated & the minister was entitled to 16000 lbs.
of Tobaco. 2 Hen. Stat 88. This was the origin
of the famous case in which P Henry distin—
—guishes himself, the clergy claiming instead of
80 pounds sterling, 16000 lbs of tobaco when
it was selling at the rate of 60 shillings
pr cent. (...) life of Henry 38 to 49.
(32) 1. Commons are of 4 kinds 1. Common of Pasture.
(wh. are) 1. Common appendant, being of feudal origin &
depending on tenure does not exist in Va, or
U. S. as we have no tenures. It arose in Eng.
when a lord let lands to a tenant, the
right of pasturage accompanied{ying} it, because
otherwise he would have no place to pasture
his beasts when his lands were under cul—
—tivation.

2. Common appurtenat — according to Blk. can
only arise by immemorial usage or by pre—
—scription; but as prescription presupposes
a grant there seems to be no reason