which, though they may be valued, can never be bought by either the heritor or feuar of the titheable lands.* These are: 1. teinds which have either been allocated to or belonging to ministers; 2. teinds granted to colleges or schools; 3. teinds, formerly belonging to bishops, which, on the abolition of episcopacy as an establishment merged in the crown; 4. teinds which the heritor is bound to pay to a former heritor or titular, his superior.

As to the mode in which the established clergy of Scotland are provided for out of the tithes, it may be observed, that there were formerly two descriptions of clergymen; the first, those of the bishops' mensal churches, and depended sometimes on the bishops, sometimes on the crown, but since the Revolution have permanent stipends modified by the commissioners, from the bishops'-now the king's-tithes. The stipends of the second, since their original appointment, had never been given out, and therefore they remained the proprietors of the full tithe. It was given to the patron + as a solatium for his loss of presentation, burdened with a stated provision out of these tithes for the parish minister. Every parochial minister in Scotland is therefore in fact a stipendiary either from the crown, the titular, or the patron.

*By act 1690, c. 30.

† Act 1649, c. 39.

Prideaux on Tithes.-Blackstone's Commentaries.-Selden on Tithes.-Sir S. Degges' Parson's Councillor.-Johnson's Clergyman's Vade-mecum.-Gibson's Codex.-Watson's Clergyman's Law.-Sir John Connell on Tithes.-Bell's Law Dictionary.-Erskine's Institutes.-Statutes at Large.