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L
, ;¿¿d, lhal lhc leiods.bclongiog to bi/hop!, 11 hich had theo
fjll ,n tu lhe cro\Vo, upon lhe abolilhing of
lhould oot be fllbjetl la fal, ,s loog as lhey remained
Wilh the Crowo not Mpolerl of; ncr lhofe whieh the
the proprietor, who had ,ight both to 1I0ck and teind, re·
fen'ed tO himfdf, in a (.Ie or f,u of the lallds. ]Jut,
though none of thefe t<inds can be rold, lhey' may be
v.tlued.
1(. The Kiog by the decrees arbitral, decl.red his
own ,ight tO the rUl'eriorities of mAion IIhich had been
r<fiJ ned to him by thc rubmi¡¡;oo, rtfcrviog to the titu·
Inrs the f¿u·dulies 'hmor, uotil p.ymeot by himfdf tO
them of one lho"r. nJ merks SeOlS for every chalder of
fcu l',élll.I, .nd for each hur.c!red merks of ty,
which right of redecming the feu·dplies lVas ,flerwards
reoounced by the Crown. If the church·valf.1 Ihould
eonfen t tO hold hi, lands of the titular, he caonot lhere·
after recur tOthe Cero\l'n as his ,mmed,ate fuperior.
t2. In expl.ioing \Vhat the eonllaot rent is, by \l'hich
the teind mul! be valued, tbe follo\l'iog rulesare obferved.
The reot dralVo Ly lhe proprietor, íromthe of fub·
jctls, that are more properiy par!! of the land than of
the fr uits, e. g. quarries, minerals, molfes, &e. is to
be deduéled from the renral of the lands; aod airo the
rent of fupernumerary houfes, over aod above IVhat is
Il<!eelfary for agriculture; and the addilÍonal reol lhat
may be paid by the lenanl, io eonfideration of lhe pro·
prietor's uodcnakiog aoy burden lhallaw impares on the
tenant, •. g. upholding lhe tenaot's houfes, becaufe none
of thefe articles arepaid properly onaCCOunl of lhe fruits.
Orchards mufl alfo be deduéled, and mili·rent, becaufe
the profits of a mili arife from indul1ry; and lhe eorns
manuf.élured lhere fuffer avaluation, as rent p.yable by
the lenant ; and therefo re ought not to be valued afecond
time againn lhe tilular as mill·reot. The yearly ex·
penee of culture O' ght nol to be dedutled; for no rent
can be proudeed without it: But. if an improvement of
rcnt is made 'at an uneommon expence, e.g. by draining
a lake, the proprielor is allolVed a reafoo.ble abatement
on lhat aecount.
13. NOllvithflandiog the fcveralwa)'s of mifapplying
parochial tcinds io lhe limes of popay, fome felV bene·
fiees remained entire in lhe hands of lhe parfon!. The
miniflers planted in thefe, after the reformati o, eonli·
nued tO have thefull righl 10 lhem, as proper beneficia·
. ries ; but a pOlVer was afterwards granted ro lhe palron,
to redeem lhe whole teiod from fuch beoeficiaries; upon
Iheir gwing acompmnl nipeod modified to them : which
teind fo redcemed, the palron is obliged to fell tO lbe
propríctor, at fix years purchafe.
14, Some teinds are more direélly fubjeél tO an .1I0c.·
tion for the minifler's flipend, lhan olhm. The teiods,
io lhe h.ods of lhe lay litular, f.1I firll to be aJloemd,
\Vho, fioce he is not eapable toferre the cure in his u"'n
perfon, oughuo provide ooe IVho eao; and if lhe tilular,
in pJ.lceof dralVing lheteind, has fet it in tack, the lACk·
dUlyis alloealed: Th;s fort iscalled free teind Where
Ih. tJt~ dUly, \\'hieh is the titular's interell in lhe teiods,
! /hort, Ihe tackilfelf is burdeoed, or, io olher IVords,
the furplus leind over and above the tack·dulY : But, in
litis elfe, the commilJionersare em¡lowered to recompeofe
rOL,11. Numb. 65, ~
w.
the!aeHman, by prorogating !tis tack fo, fueh a number
of ycm as lhey fllaJl judge equitahle. Whm this like·
wife proves delicieot, lhe .lIocalioo f. lls on the teinds,
hcril~hly eonveyed by the litular, uolels he h,ISIVm.OIed
his granl againfl fU lure augmentalioos ; in which eafe, lhe
teiods of the I.nds belooging in propmy to the lilular
himfdf mufl be allocated in lhe fi rfl place.
lS . Where thm is fuflicieDcy of free teind, in a pa·
ri/h, the litular may alloeate any of lhemhe fl,,1J lhlOk
fil for lhe mininer's llipend, fince lhey are aJl his own ;
unlefs lhere has been a previous deereeof localilY : And
this holds, though Ihe Ilipeod Ihould have been paid
immemorially OUt of lheteinds of eenain particular lands.
This right IVas frequendy abufed by mulars, who, as
foon as a proprietor had broughl an aélion of f. le of his
teinds, allocaled lhe pllrfuer's full leied for lhe flipend ,
whereby fuehaétion ineff<élual: It wa~ Iherefore
provided, ¡hat a(ler eila,ion in a fale of teinds it Ihall
not be in lhe titular's power 10 allocale lhe purfuer's
teinds folely, but only io proportion wi,h lbe olher leinds
in lhe p"ilh.
16. Mioiflers glebes are declared f, ee from the payo
meOl of teind. LaDds eullt decimiJ inrftY;J are alfo ex·
empled from teiod·. But in order to exe01pt laods from
paymeot of teind, it is ne:elfAry that the proprietor
prove his righl lhereto, eum decimiI inelujiJ, as far
baek as the above atl of annexation 1SS7.
17. Teiodsare d,bila ¡ru{luum, not¡«ndi. The ac.
tioo thereforefor breooe leiDds is ooly perfonal, again~
thofe IVho have intermeddlcd, unlefs \Vhere the litular is
infcCt in lhe lands, in fecurilY of lhe valued teind-dulY.
Where a teoaot is, by his tack, bound la paya joim dUly
to his landlord for floek and leind, WilhoUl diflioguilhing
the rent of each, hi! defeoee of a bono ¡de payment of
the IVhole to the landlord has been fuflained in a fuit al
the inllanceof a laie litular, bUl repelled where a church.
mao IVas purfuer. In both eafes lhe proprie1or who re.
ceives fueh reot is liable as inrermeddler.
18. In taeks of teiads, as of laods, there is place for
taeit relocalioo; to flap lhe effeél 01 whieh, the tilular
mufl and execute aniohibilioD of teinds againfllhe
taekfman, which differs much from inhibilion of landi
(explaioed under the next tide), and is intended merely
10 interpe! or inhibit lhe taekfman from (arther inter.
meddliog. Tbis diligenee of inhibition may alfo be ufed
at Ihe fuit of the titul", agaiofl any olher poffeffor al'
the leiDds; aod if lhe tackfmaR or poffeffor Ihall inter.
meddle afler the inhibitioDis execuled, he is liable in a
Jpuilzie.
r9. Land, and teinds pafs by diffmnt tides: A diC.
pofition of lands lherefore, though graoled by ene who
has alfo righl10 lhe teind, IVill nOl carry lite teiod, uo.
lefs il fllalJ appear from fpeei.1eircumllaoces lhat a fale
of both IVas dcfigned by lhe parties. In landselJ»J d" i.
1hiI incllY;J, where the leinds are coofolidmd wilh lhe
floek, the right of both mull oeeelfarily go Iilgcther iD
aU cafes,
T it, 18. Of I Il/¡ibiúOIlI.
T H! conllitulioo aod tranCmillion of fcudjl tigilts beiog
t 9 Y expllloed,
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