R 195-4

«« And therefore, now that the expence of living is ſo much heightened, the com- « miſlion-court exerciſe a diſcretionary power of augmenting ſtipends conſiderably « above that maximum, wherever there is enough of free tithes in the pariſh.

«« Where a determinate quantity of ſtipend;, either in money or in corns, is modi- « fied to a miniſter out of the tithes of the pariſh, without proportioning the Kipend « among the ſeveral landholders, the decree is called of modification; but where that “« quantum is alſo localled or proportioned among the different landholders liable in «« the ſtipend, it is ſtyled a decree of modification and locality.

« The whole tithes of the pariſh, out of which the ſtipend is modified, are under- “« ſtood to be a ſecurity to the miniſter, till, by a decree of locality, the proportions «<« payable by each landholder be aſcertained. Where therefore a ſtipend is only mo- << dified, the miniſter may fingle out any proprietor he ſhall think fit, who will be « liable in the firſt inſtance, in ſo far as his tithes extend 3; though that ſhould exceed « the quota of ſtipend which might juſtly fall to his ſhare, in proportion with the « other landholders in the parifh. An adtion of recourſe, however, is competent to « the landholder, who, in a modified ſtipend, is thus made liable in the firſt place « againſt the reſt. After a decree of locality, no landholder is liable in more than « the proportion that he is charged with by that decree."

"This mode of paying the clergy prevents all diſputes with their pariſhioners: and by every proprietor being able to force a valuation of his tithes, and to purchaſe them at a low rate, if he chuſes, there are but few places where tithes are now paid; and where they are, the quantum is fhxed, and thereby all the inconveniences ſo loudly complained of in England are avoided.

The benefit that has accrued to Scotland from the laws concerning the tithes, will in ſome meaſure, I hope, plead my apology for having ſo long treſpaſſed on the reader's patience, by giving ſuch a large extra& from Mr. Erſkine's work concerning them.

The tithes in England are generally acknowledged to be a great diſcouragement to agriculture. I apprehend that the principal cauſe of this, is the quantum of the tithe not being fixed.--It is that which makes the farmers comwplain of them as an intolerable burden: for although Mr. Howlet, in his Anſwers to Mr. Vancouyer?s Queries*, ſeems to think, that“if the farmers were wiſe, they would never wiſh for « an abolition of tithes, for what they now contingently get from the moderation of « the clergy, the landlords would immediately put in their own pockets;" Kül I can- not but think(with all deference to the opinion of the reverend clergyman) that the farmer would be a conſiderable gainer, as he would obtain a preciſe knowledge of what he was to pay during the time he kept poſſeſlion of the farm, and would at once get rid of all the trouble and vexation that muſt ever attend the valuation of the tithes, or what is yet worſe, having them drawn in kind.

+“The fluctuating value of money, and the very ſmall proportion which moduſ- “ ſes, or real compoſitions, made previous to the diſabling ſtatute, 13th Eliz. now “« bear to the value of tithes chen compounded for, are Convincing proofs that no c« pecuniary modus can be üxed, without the greateſt probability of injuring poſte=

* Mr. Vancouver's Agricultural Survey of Eſſex, page 213.

+ Pryce's Eſlay on Tithes, Vol. IV. of the Bath Papers'on Agriculture. I 6“ rity, 79 EBENE