Series 1 > Statutes of the Scottish Church, 1225-1559

182 STATUTES OF THE SCOTTISH CHURCH
their own uses or shall be let and leased to none but tillers
and cultivators of the lands; unless the perversity, perchance,
of the said husbandmen shall thwart [such arrangement] who
for now close on ten years refuse to pay for these teinds the
rents which have been in use and wont, at least generally, to
be paid to churchmen, and to find sufficient caution for pay¬
ment being made; and if when the tillers themselves and
the occupiers of the lands refuse to pay such tithes it shall
happen that they are let to others, let the letting be for
three years at most; but, as for other teinds which are in
the hands of others [i.e. of laymen] for a long or a shortterm,
whether [they have been granted] upon letters of assignment
or are in good-will,1 the churchmen to whom appertains the
letting of these teinds are by all means bound to let them, as
above provided, to none but tillers and occupiers of the lands.
But if they cannot do so conveniently, they shall at least with
all prudence strive to make with the tacksmen who renew
their tacks of these teinds such a bargain that these teinds
can be let to the tillers and husbandmen at a moderate price
or at a valuation proportionate to the rate of their rent; lest
such an occasion give rise to slanders upon churchmen, and
promote murmurings [against them] hereafter. And let the
consciences of all and sundry be charged in regard to the
keeping of these rules, according as they shall be prepared
to answer at the day of judgment. The present decree to
have force for five years only.
(284) Of the abridgment of processes in courts of consistoi’ies
and of the office of procurators.
It has furthermore decreed that all and sundry the statutes
set forth in the former council anent the abridgment of pro¬
cesses in courts of consistory and the office of procurators shall
be observed, and put in practice and carried into due execu¬
tion, and that in all summary causes process shall be taken
summarily and amicably, without the fuss of a trial and
without delays, so far as it can be lawfully done. Now
what summary causes are shall be set down in the appendix
1 Tolerantia ; an arrangement terminable when the proprietor chooses.