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Charles I. therefore, soon after his accession, revoked all grants of church lands, or of tithes, made by James VI. to the prejudice of the crown. was determined, year after year, to reduce all the erections, both those before and those after the act of annexation: 1. the titulars were required to yield the superiority of the church lands to the crown, when a certain annuity should be paid out of the tithes to the crown; 2. the titulars (beneficiaries) were required to sell the tithes to the proprietor, at a fixed number of years' purchase. Tithes set aside yearly for the support of the clergy, universities, schools, and hospitals, should be valued at the suit of the proprietor, who should have the entire management of the crop, stock, and tithe, on payment either of the price or of the valued yearly duty.

In 1628, all the parties interested entered into four submissions, referring to the king himself as arbiter. The lords of erection, with their tacksmen and the landlords, signed the first and fourth; the bishops and clergy signed the second; and the commissioners of several royal burghs signed the third. On the 2d September, 1629, the king pronounced separate decrees-arbitral. The first and fourth declare the king's right to the superiorities of erection, resigned to him by their submission. He agreed to give a thousand merks to the lords of erection, as the purchase money of each yearly chalder of feu-farm; or each a hundred merks of yearly feu-duty, or other rent of superiority. After deducting an equivalent to the blench-duties, the feu-duties were to be retained until payment. There remained the other important provision, viz., the power given to the heritor to have his teinds valued, and his yearly charge permanently fixed, and also to bring an action of sale against the titular or his tacksman. The rule fixed for the first was, that where on the one hand the teind was of necessity united with his other stock in one common valuation, the yearly duty payable by the heritor to the titular or beneficiary should be one-fifth of that whole annual valuation of the rent of stock and tithe together. This fifth was deemed a reasonable surrogatum, in place of a tenth of the whole increase. On the other hand, where the tithe was drawn every harvest by the titular, and its value thus admitted yearly of a proof separate from that of the stock, the commissioners appointed for the valuation of the teinds were to bring proof of its amount, and take its value communibus annis. The proprietor was to pay this value annually to him who had the right to the teind. From which was to be deducted a fifth, called the king's case, because granted in his awards as an allowance of abatement to the proprietor. Where the teinds, though drawn ipsa corpora, had been mixed with others so as to prevent discrimination, or where the titular was not a party, their value was to be taken at one-fourth of the valued rent of the heritor's stock. Respecting the second the rule was, that when the seller, e.g. the titular had an heritable and unburdened right to his

tithes, he should be obliged to sell for nine years' purchase. Where the teinds were enjoyed by tacksmen, or when the purchaser himself was tacksman, the commissioners should allow a deduction, regulated by the endurance of the tack (lease). This was so arranged that while the titular or other seller received his purchase money at the expiration of the lease, the tacksman, whether the purchaser or a third party, retained in the one case, and drew in the other, the interest of the price during the currency. The grain, in which teinds have been already valued, must be valued at the medium fiars for seven years preceding. The king's decrees-arbitral on the other submissions were much to the same effect, except that the king's power of valuation extended to those of the bishops' tithes which they did not actually possess by rental bolls, or drawn tithe, but which were in lease or other use of payment. In 1627, Charles I. appointed commissioners to fix the royal annuity. In order that the decrees arbitral in the valuation of tithes might be executed under the authority of a proper court, a commissioner was appointed with power generally to value and sell tithes, and approve the valuation of these subcommissioners. Valuations were carried on for a long time under it. Part of the records were carried off by Cromwell, and others were lost by fire in 1700. The commission was renewed in 1707 to the judges of the court of session. They approved of the valuation of the subcommissioners; but which may be derelinquished by the voluntary introduction of a different amount, but not mode, of payment to the minister or titular. A decree of the high commission cannot be derelinquished.

The teinds vested in lay patrons are in a different situation from those vested in the titulars. When they were deprived of the right of presentation, all those tithes of the parish which had not previously been disposed of were bestowed on them as an equivalent. When their right of presentation was restored,‡ their right to these teinds was confirmed. They were burdened, however, "always with the minister's stipend, tacks, and prorogation already granted of said teinds, and of such augmentations of stipend, future prorogations, and erections of new kirks, as shall be found just and expedient, providing the said patrons, getting right to the teinds by virtue of this present act, and who had no right thereto before, shall be, like as they are hereby obliged to sell to each heritor the teinds of his own lands at the rate of six years' purchase, as the same shall be valued by a commission for valuation of teinds." By this act, the heritor is in all cases entitled to have his teinds valued. He buys them from the titular at nine years' purchase, and from the patron at six years' purchase. This last privilege belongs to the heritor alone. There are certain teinds, however,

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which, though they may be valued, can never be bought by either the heritor or feuar of the titheable lands.* These are: 1. teinds which have either been allocated to or belonging to ministers; 2. teinds granted to colleges or schools; 3. teinds, formerly belonging to bishops, which, on the abolition of episcopacy as an establishment merged in the crown; 4. teinds which the heritor is bound to pay to a former heritor or titular, his superior.

As to the mode in which the established clergy of Scotland are provided for out of the tithes, it may be observed, that there were formerly two descriptions of clergymen; the first, those of the bishops' mensal churches, and depended sometimes on the bishops, sometimes on the crown, but since the Revolution have permanent stipends modified by the commissioners, from the bishops'-now the king's-tithes. The stipends of the second, since their original appointment, had never been given out, and therefore they remained the proprietors of the full tithe. It was given to the patron as a solatium for his loss of presentation, burdened with a stated provision out of these tithes for the parish minister. Every parochial minister in Scotland is therefore in fact a stipendiary either from the crown, the titular, or the patron.

*By act 1690, c. 30.

+ Act 1649, c. 39.

Prideaux on Tithes.-Blackstone's Commentaries.-Selden on Tithes.-Sir S. Degges' Parson's Councillor.-Johnson's Clergyman's Vade-mecum.-Gibson's Codex.-Watson's Clergyman's Law.-Sir John Connell on Tithes.-Bell's Law Dictionary.-Erskine's Institutes.-Statutes at Large,

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