938 / 1042
L
Irimony of the ehureh;
tho~gh
it is
eertli~
that tithes,
in thcir infaney. ",ere given. not tO the c1ergyalon:. but
10
laY' Olonks who "ere eal1ed
,aupe,.".
and to'other in·
digent perCons. Charles the
G
reat
w"'
the fidl feculal
Prince \Vho aekno\\l(dged tltis right'in the ehurch, le
appears to have beco reccived wlrh us. as far back
¡j
David
1.
2 ,
The perfon eOlployed by aeathedral church or,mona·
flery to felve the cure in lny chureh annexed, was cal1ed
a viear, becaufe he hcld the church. not in hisown right,
but 1n the right or
vice
of his employers; and fo IVa;
re01ove'able at pleafure. and had no fhare of the bene6ce,
other tllln what they Ihought fit to allow him: BUI, ió
Ihe courfe of time, the appellalioo of vicar was Iimited
lo thofe who were made perpetual. and who got a Hmd
fhare of tbe benefice for their incumbeney; from whencé
arofe lhe diltinélion of bene6ces into pa'rfooages aod vi·
carages.
3.
Parfonage.teinds are the teinds of coro; and they
are fo called bccaufe they are 'due to the parfoo 'or olher
litulu of the benefice. Vicarage,teinds are the fmall
leinds of calves, lint, hemp, eggs,
&c.
which were como
monly given by tbe titular to tbe vicar who ferved the
cure in his place. The firfl fort was uoiverf.lly due. un·
lefs in Ihe cafe of their infeudatioo to laics, or of a pon·
tifical exemption; but. by the cufloms of.almofl all Chri·
lIendom. the Idrer teinds were oot demaoded wheré
Ihey had DOt been in ufe to be paid. By the praélice of
Scotlaod, the teinds of animals.
or
of things produced
from animals. as lambs. wool, calves, are due tbough
not accuP.omed to be paid; but roots, herbs,
&c.
are
not tithable. uolefs ufe of payment be proved: nei·
Iher are perfonal teinds,
i.
t.
tbe teolh of what une
acquires by his. own induflry, acknowledged ' by our
law ; yet they have beeo fouod due, wheo fupJlOrted
by
-40
year5 pofl'ellion.
4'
Tite parfon who was sotided tO the tcind of corOl,
made his right efFeélual either by aceepting of a eenaio
Dumber of teiod·bolls yearly from the proprietor, io fa·
1isfaélion of it; or more frequeody, by
dra~ing
or fe·.
paraling upon the 6eld his owo teoth pan of the coros,
after they wele reaped. from the flock or the remaioing
oine tenlhs of the erop, aod carrying il off to his owo
granaries; whieh is ealled drawn teind.
S.
After the reformation, James V!.
cQofid~red
him·
relf as proprietor of all the ehurch·lan·ds; partly beeaufe
Ihe purpofes for which they had been granted were de·
c\ared fuperllitious; and partly. io confequenee of the
refignalions which he. and
<t.
Muyhis mother. had pro·
eured from the beneficiaries: andeveD as to theteiods, tho'
our reformed c\ergy alfo c\aimed them as the patrimony
of the 'chureh, our fovereign did oot fubmil to that
doélrine farther than extended to a coo'petent prc·
viGon for
minifl~rs.
He therefore ereéled Or fecula·
rifed feveral abbacies and priories inlo tempor.1 lord·
fhips; the granlees of
~hich ~ere
ealled fometimes
lor~,
of ereélion. •nd fomCllmes tltulars. as havlOg hy thm
grants Ihe fame lidc to the
ereél~d
beoeúces, that Ihe
monafleries had fo.merly,
6.
As the erolVn's revenueruffered greatly hy thefe e·
:cllions, the temporalilY of al! cburch,bcoe6m
(i.
t.
A
w.
chureh lands) ms. by t
S87.
C.
29.
~no~xed
to thé
crown . TilO! llalute excepts fromIhe onnexation fuclí
ben!fiees as "ert ellabldhed bdore the .eformalion
iti
laymen, whofe rights the legilldlure had 00 inlcnlion
10
Il'eaken. Not.'ilhUanding this flalute, hisMajelly con'
tinucd to make fanher ereélions. IV/uch were declared
oul! by
1592,
e,
119,
with an' cxception of fuch as had
been made
10
f.vour of lords of parliameot, finee Ihe
genenl aél of annexation in t¡a7.
7,
K. Charles
1.
fooo after his fuccellion, raifed a re·
duélion of al! thefe m élioos. whether ganled before or
afler the aél of . nnexatiolt, upon the grounds meotiooed
atlenglh by Mr Forbes io his treatife of tithes, p. t
59.
At lall the \Vhole matter was refmed to the Kiog him·
felf by four feveral fubmilJioos or eompromife., io whicb'
the parties on one fide
Wer<
the titulau aod their uckf.
meno the bilhops with tbe inferior elergy, ond the royal
boroughs, for theinterell they had in theteiods that wm
gifled fortbe provifion of
mioin~rs,
fchools, or hofpital,
within their boroughs; and, on the other part, Ihe
pro~
prietors IVho wanted tO have the leadiog of their own
teiod, The fwhmillioo by,the titulm coouined ofu rren·
der into his Maj<fly's nands of Ihe fuperioritie. of their
feveral ereélioo••
8. Upoo mh of thefe fubmiffioos his Majefly pro·
nouneed fepante decrees·orbritral, dmd Sept.
2. 1629,
which are fubjoined to the aéls of
par1iam~nr
ofhis reign:
Hemade it Ia:wful to proprietor. to fue Ihe titulars for
a
valuation, and if theythought 6t for o fale alfo, of theit
leiods, before the eommilJionm named or to be oamed for
that purpofe. The rate of tejnd, wheo it was poffeffed
by the proprietor jointly with the flock. for payruent of
i
eenaio duty to the titular; aod fo did
001
admit a fepame
valuation, was 6xed at a Jifth part of the eonflant ymly
rent, which was, accounted oreafonahle
furrogG/u""
io
place of a tenth of tbe ineieafe, Where it was drawo
by the tilular. aod eoofeqoeotly might hevalued feparate'
Iy fromIhe 1I0ck, it was to be valued as il! extent fhould
be afcenained upoo a proof before Ihe eommillioners
i
but in this lan valuation, Ihe Kiog direlled the 6fth part
to be deduéled (rom !he proved teind, io favour of Ihe
proprietor, which was \herefore called the King's eafe;
The proprietor fuing for a valuation gets the leading
of his own teinds as foon as his tuit commenees; prO"
viding he does not allolV proteGation to he eXlraéled
a'
gain~
himSor not iofifliog. .
.
9.
Whm the proprietor Infifled alfo for a fale of
hl~
teinds, the titular
\Vas
obliged tO fell lhem at oine year,
purchafe of the nlued teind·duIY. lf the purfuer had
a tackofhis owo teindl, not yet expired; or if Ihe de·
fender was ooly tackfOleo of the teinds, and fo could nOI
give Ihe purfuer ao heritable right; an abmmeot of the
priee was to be graoted aecordingly by the eommi!:
fioners.
10.
There
Í!
no provifion io Ihe decrm·arbitral, for
fellinn the leinds granted for lb.
fufltntati~n
of mioiflm,
uni"err.,ies, fchooLs or hofpinls; becaufe thefe "'ere
10
con·
linue,
as
aperpetual fundo fOrlhe m.intenaneeofIhe perfons
or fo:ietics to whomtbey were apprupriated; and they are
exprefsly dcc\arcd not fubjeél lo flle, by t690. r. 30.-
1693,
C.
23. By
th~
I.!I of thefe
~éls,
it is alfu pro·
vid:d