26 Hijlory of TytheSy as applicable to Scotland, [Feb, 



vhlch he hath inclined to be reftored to himfelf as a fymbol of his 

 univcrfal dominion, and are payable to the clergy by divine and 

 human conftitutions. They are more correctly defined by Black- 

 ftone, as follows : " The tenth part of the increafe yearly ariiing 

 and renewing from the profits of lands, the ftock upon lands, and 

 the perfonal induftry of the inhabitants, and due to the clergy." 

 They are divided into two kinds, perfonal and predial ; perfonal 

 teinds arife from all forts of induftry and bufinefs ; predial 

 from all forts of fruits, produce, or profit of lands, without de- 

 du6fing any expence of culture. 



There was introduced alfo afterwards another diftindlion or di- 

 vifion of tythes into parfonage and vicarage. The former are 

 called in the Latin charters in iScotland, dccimae reBoriacy and fome- 

 times decimae garhales ; the latter are called decimae vicariae. 



The vicar was the prieft employed by the bifhop or prelate to 

 do the duties of a parilh church. The prelate ordinarily retained 

 to himfelf the paj^onage or great teinds, which were thofe of 

 corn, viz. wheat, barley, oats, peafe, &c. and he beftowed upon 

 his vicar all the reft of the teinds, as flax, hemp, calves, fiAi, 

 eggs, milk, &:c. 



Even in the times of Popery, every fort of tythes that were 

 payable in other Roman Catholic countries were not infiffed on. 

 by the clergy of Scotland. The parfonage teinds were univerfally 

 due and demanded, whereas the payment of vicarage teinds ap- 

 pears only to have been local, and paid in thofe parts of the 

 country where there was not a fuificient fubfiftence to the clergy, 

 from the tenth of the corn. Therefore it became a rule of law, 

 that the vicarage or fmall tythes could not be exafted, except 

 where there had been an ufe of payment. By the law of Scot- 

 land, the tythe of animals and of things produced from animals, 

 as lamb, wool, milk, cheefe, &c. has been adjudged to be due, 

 though not accuflomed to be paid. But flax, plants, roots, with 

 the other produ£l of gardens, are not fubjecft to tythe, unlefs ufe 

 of payment be proved. 1 have never underllood that any perfon- 

 al tythes arifing merely from labour were due to the clergy by the 

 cuflom of Scotland, unlefs the tythes pf filh can be accounted as 

 fuch. 



Upon the reformation of religion in Scotland, all church lands 

 and teinds fell to the Crown, under the burden of moderate fli- 

 pends to the reformed clergy, and a refsrvation to them of the 

 parfonage houfe or manfe, and a few acres of land called the 

 glebe, whicii had belonged to the Popifh churchmen ; and James 

 the 6th, profufely, and in many cafes illegally, conferred the 

 fpoils of the church on his favourites and dependents ; which 

 iands were ere<^ed into temporal lordfhips, the proprietors of 



which 



