13 ffijlofy o/Tyi^eJ, as applicahle io Scotland, [Feb* 



fometimes from indolence, but moft frequently with a view of com- 

 pelling the proprietor to purchafe the leading of his tythes at an 

 high price, delayed thedran-ingof histythe till great part of the crop 

 was rotten. For redrefling, or at leaft alleviating this grievance, 

 the tything of corns was, after the reformation, regulated by fun- 

 dry l>arutcs, i6o6, c. 8: 1612, c. 5 : 1617, e. 9. By the laft 

 of which, the owner of the crop is directed to require the titular 

 Or tythe-maller eight days after cutting the feveral kinds of corns 

 therein fpecified, to draw his tythe in four days after, upon the 

 elaphng of which, he may complete his harveft. But he is not 

 at liberty by that lall aO, as he was by the two former, to negledl 

 the tythe after having fet it apart for the titular ; he mufi: alfo 

 preferve it from being eaten by cattle for eight days after the 

 expiring of the time contained in the requifition ; which, if he 

 do, he is by the ai5l declared free from fpuilzie or wrongous in- 

 tromiffion. The remedy provided by tiiefe ads, however, was 

 far from being adequate to the evil it was intended to cure. 



Sometimes, indeed, the titular, inftead of drawing his 

 tythes, was prevailed upon to grant a leafe of them to the 

 proprietor for a neat yearly tack duty, and fometimes he accepted 

 of a ftated quantity of corns, commonly called rental bolls, either 

 in virtue of a written rent roll, or barely by the ufe of payment^, 

 which rent-roll, or rental, was prtfumed to be the full value of the 

 tythes. 



His Majefty King Charles the ift, by his decreet arbitral up- 

 on the fubmiffion above mentioned, dated 2d September 1629, 

 and fubjoined to the acts of parliament of his reign, put an end 

 to all thefe abufes complained of, in regard to the drawing of 

 teinds. He made it lawful to the proprietors of lands liable in 

 teind, to fue the titulars of their teinds for a valuation of them, 

 in order that they might never after fuch valuation be exigible 

 in kind. He made it alfo lawful to thefe proprietors, if they 

 pleafed, to demand and obtain a fale of their teinds before com- 

 miflioners named or to be named for that purpofe by the Crown. 

 Thefe commiffioners are the judges of the Court of SefTion, who 

 now {it every Wednefday during feflion time, as commiflioners 

 for the valuation and fale cf tythes, and for regulating the Im- 

 pends due to the clergy. 



Where the ftipend was drawn in kind by the titular, and con* 

 fequcntly might be valued feparately from the ftock, it was, by 

 the decree arbitral, ordered to be valued as its extent fhould be 

 afcertained, upon a proof before the commiflioners \ but the 

 King direded a fifth part to be dedutTled from the teind in fa- 

 vour^ of the proprietor of the lands, which was therefore called 

 "king's eafe. The rats of teind, when it was poiTefied by the 



proprietor 



