TITHES. 



lary, it it to be wi{Ked that the legiflature, efpecially at the 

 prefent time, would devote that attention and confideration 

 to the fubjeft which its importance and neceflity demand, 

 and the clirgy come forward with fuch reafonable propo- 

 fitions for the adjuftment of the bufinefs a3 may be fuitable, 

 as by fuch means the matter might, and no doubt would, be 

 foon calily fettled to the fatisfaftion of all the parties con- 

 cerned. 



In the view of affording a proper knowledge of the moil 

 fuitable means ot effefting fo important an alteration, the 

 author of the " Prefent State of Hufbaudry" in this ifland, 

 gives the following clear account of the beneficial arrange- 

 ment which took place in refpeft to tithes in Scotland, 

 and of the circumllances which led to it. It is ftated, on 

 the authority of Erlkine's " Inftitutes of the Law of Scot- 

 land," that the payment of tithes in kind was continued 

 for many ages in that kingdom ; and that, owing to the 

 precarioufnefs of the climate, it was attended with more 

 grievous hardfliips than could have taken place in the 

 fouthern part of the idand. Every Scotch proprietor or 

 fanner, who prefumed, after reaping their corns, to carry off 

 any part of them from the field, until the perfon having 

 right to the tithe had drawn his fliare, were, from the firlt 

 eftablifhment of this right, fubjeft to fevere penalties. The 

 tithe-owner, on the contrary, either from indolence, a 

 defire to opprefs, or with a view of compelling the proprietor 

 or farmer to purchafe his tithes annually at a high price, 

 frequently delayed drawing his (hare until a great part 

 of the crop or produce was rotten. Notwithftanding feve- 

 ral ftatutes wereenafted with a view of checking the oppref- 

 five difpofition which fo often evinced itfelf in the conduct 

 of the clergy in this refpeft, yet thefe grievances continued 

 to exift, more or lefs, until the year 1633 ; when a decree- 

 arbitral, paffed by Charles I. in 1629, for arranging and 

 determining a mode, to be afterwards adopted, for the pay- 

 ment of tithes, was ratified by parliament. 



That during the ftruggle for the eftablirnment of this or 

 that form of church-government, great alterations had taken 

 place, both in regard to thofe having right to the tithes, 

 and to the manner in which they were exafted. On the 

 Reformation, the benefices of the chmxh fell to the crown, 

 and were, at different periods, gifted for ferviccs, or other 

 confiderations ; fuch as for fupporting univerfities, hofpitals, 

 &c. ; and the perfons obtaining them were denominated 

 lords of ereftion, and fometimes called by other names. 

 They likewife -got, or affumed, the right of nominating 

 officiating clergy on all vacancies. Thefe alienations were, 

 by aft of parliament, 1587, put a flop to ; and fuch tithes 

 as had not been previoully dilpofcd of, remained with the 

 crown unalienably. The tithes, which were then annexed 

 to the crown, may be valued and leafed by tlie proprietor of 

 the lands, but cannot be purchafed. The officers of the 

 crown are in ufe to grant leafes of this defcription of tithes 

 for nineteen years, and which are renewed as matters of 

 courfe on paying a reafonable fum on fuch renewal. The 

 fum demanded is regulated by the yearly value of the 

 tithes ; fo that a capital equal to between five and fix years' 

 amount of the tithes, laid out at the commencement of the 

 leafe, and improved by compound intereft, is fufficicnt to 

 , produce fuch a fum at the expiry as will obtain renewals to 

 I perpetuity. 



Some of the clergy remained, it is faid, in poffeffion of 

 i their benefices after the Reformation ; and the vacancies 

 ' that happened in fuch benefices were filled up by thofe 

 > who affumed the right of prefentation. An aft of parlia- 

 ! ment was foon afterwards paffed, whereby the patrons were 

 < deprived of the right of patronage : but in compenfation 



for this fuppofed hardlliip, it was enaftcd, th.it the right of 

 all tithes, fo polfeffed by the clergy, ftiould be vriud in 

 thofe who had exercifed the right of patronage. Patrons 

 having acquired tithes in this way, are compelled by law 

 to fell them M. nine years' purchafe of the yearly value of 

 the tithes. 



The fyftem of tithes and tithmg having, however, got 

 into great confufion, in conlecpience of the various alterations 

 that took place in tlie government of the church of Scot- 

 land, thofe interefled found it neceffary to fnbmil their 

 feveral rights and claims to the determination and final 

 award of Charles I., who, on the 2d of September, 1629, 

 pronounced two decrees-arbitral, or judgments, which kid 

 the foundation of that arrangement refpefting tithes, and 

 the payment of the ellablidied clergy in Scotland, which 

 has been produftive of fo many good confcquences. 



The moft important .article in thefe two decrees-arbitral, 

 is that which direfts the valuation and fale of tithes ; after 

 which, the land-holder is entitled to the whole crop upon pay- 

 ment to the proprietor of the tithes of a yearly rent, or to 

 purchafe them at an eafy rate, fubjcft to a reafonable pro- 

 vifion to the clergy. The words of this famous decree are, 

 it is faid, that " the rule of all tithes, where they are 

 valued jointly with the flock, fhall be a fifth part of the 

 conflant yearly rent that is paid for tlie lands." Another 

 material circumflance in the valuation of tithes in Scotland 

 is, that the rents of mills, thofe anfing from recent improve- 

 ments, and fome others of lefs importance, are dedufted 

 from the grofs amount. 



By tliefe decrees, which were ratified in parliament in 

 1633, the proprietors of land not having right to tlie tithes, 

 were not only found entitled to fne the titular in an aftion 

 at law to afcertain their value, but", unlefs veiled in the 

 crown, to obtain a purchafe of them on eflabhflied terms, 

 as mentioned above. Thus, ever fince 1633, 6^^'')' land- 

 holder in Scotland has had it in his power to acquire right 

 to his own tithes, either by purchafe, or leafe, fo that they 

 fhould be no longer payable in kind. Neverthelefs, thofe 

 who iiegleft to fue for a valuation may ftill be fubjefted to 

 all the inconveniencies of the former law ; as under fuch 

 circumflances, thofe having right to the tithes may draw 

 them in the manner commonly praftifed in England. The 

 remedy is, however, fo eafy, that he muft be a fool indeed 

 who would fubjeft himfelf or his tenants to fuch a llavifh 

 fervitude, while he has it in his power, by a fimple appli- 

 cation to the fupreme court of the country, to abolifli it 

 for ever. 



Some inftances are, however, recollefted, whgpe pro- 

 prietors in the north of Scotland, having a right to the 

 tithes, and being unwilling to forego all the power of 

 haraffing their tenants, which attached itfelf to the ancient 

 feudal tiarons, ftill continued to draw the tithes for fome 

 time. But they at lafl became afnamed of fuch conduft ; 

 and there is not now, it is faid, one inftance where tithes 

 are paid in kind, or where the tenants have any concern, 

 either dircftly or indireftly, with or in the payment of 

 tithes on the north fide of the Tweed. How then, it may 

 be afked, are the Scotch clergy provided for ? The anfwer 

 is, it is faid, eafy ; the flipends provided by law for the 

 maintenance of the Scotch clergy are ftill payable out of 

 the tithes. The judges of the court of feffions, who aft 

 as commiflioners for the arrangement of tithes, have a right 

 to modify reafonable ftipends to the paroclilal clergy. And 

 accordingly, in all fuch cafes, where the clergyman can 

 fhew that the parifh is a place of more than ordinary refort, 

 that the cure is burdenfome, or that the neceffaries of life 

 give a high price in that part of the country, or that the 



fcanty 



