1803.] Hipry ofTytheSi as applicable to Scotland. 27 



which, were fometimes called Lords of £re£Iion, and fomctlmes 

 titulars of the te'inds. 



To put a (lop to thefe alienations, by which the revenue of the 

 Crown fuftered fo conlulcrably, all church property was declared 

 to be annexed to the Crown, and to remain for ever with it un- 

 alienably, by an A(St of the Scotch Parliament in 1587, except- 

 ing the lands that had been already difpofed of. Notwithftanding 

 this ftatute of annexation, the King continued to make further 

 donations, which produced another ftatute in 1592, declaring 

 all fuch as had been made after the adl: 15B7 void, except thofc 

 that had been granted to perfons who had received, fince tkat a£V, 

 the honour of Lords of Parliament. 



King Charles I. fenfible of the lofs his revenue fufFered by the 

 donations of his father James 6th, and being defirous to provide 

 the parochial clergy in reafonablc flipends out of the tythes, as they 

 had been at a great lofs to obtain any thing fufhcient from the 

 titulars of the teinds, executed, foon after his advancement to the 

 Crown, a revocation of all grants of church lands, or of tythes 

 made by his father to the Crown's prejudice : and the year after 

 brought an action at law for reducing the donations granted be- 

 fore and after the acl: of annexation. 



h 3 perfons of the highell rank and diftindlion were parties In 

 this a<^ion of reduction, it created great heats and animofities» 

 Conceflions, however, were foon made on both fides. But the 

 article the King chiefly infifted on was calculated not to fervehis 

 own intereft, but to correct the abufes committee^ in regard to the 

 drawing of the teinds; and therefore the litigants very readily 

 agreed to refer themfelves entirely to his Majefty, which they 

 did by a formal fubmiffion in 1628. 



The abufes relative to the drawing of tythes committed by 

 thefe titulars of the teinds, or donees of the Crown, principally 

 regarded the proprietors of lands who were liable to pay them 

 teinds. Thefe titulars fometimes had in view to force the pro- 

 prietors of lands to buy up the right to their tythes at an extra- 

 vagant rate, by levying the tythes in an oppreffive manner^ 

 The molt ufual and natural way of making the tythes effectual, 

 was by the titulars feparating the tythe or tenth from the flock, 

 or remaining nine-tenths of the crop, after the corns were reap- 

 ed, and carrying it olF from the field to his own granaries. 

 This got the name oi draivn ieind ; and was frequently attended 

 with grievous hardfhips^on the owner of the ground or his te- 

 nant; for every pofTefTor of land who prefumed, after reaping his 

 corns, to carry off any part of them from the field till the titular 

 had drawn his tythe, was, from the firft eflablifhment of the 

 churches right, fubjefled to fevere penalties : and the titular 



fometimes 



