Tacks to endure during the letter's incumbency only, may be let on what terms he pleases, so that no other except himself be prejudiced.
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Anent the action pursued by the Vicar of Bowton against Laurence Cockburn before the Commissaries of Edinburgh, for reduction of a letter of tack set by the said Vicar to the said Laurence, and advocated to the Lords of Session from the said Commissaries, the said pursuers and defenders compearing, it was alleged by the said pursuer, That the said tack should be reduced, because it was set, against the law, for the said pursuer's lifetime, and also without consent of the Abbot of Holyroodhouse and convent thereof, to the said vicarage, and also in diminution of the rental. It was alleged by the said defender, That howbeit the said pursuer had set the said tack of the said vicarage to the defender, the said pursuer might never come against his own deed so long as he lived, albeit it might not hurt the next intrant; which allegeance of the said defender was admitted, and found, that a parson or vicar setting his benefice for all the days of his life, he may never come in the contrary thereof, durante vita sua.
Fol. Dic. v. 1. p. 529. Maitland, MS. p. 178.*** Balfour reports this case:
1566. March 1.—Be the law and consuetuede of this realme, it is expreslie forbiddin, that a Vicar set his benefice, or the proffeitis and dewtie thairof, in tak and assedatioun, without consent of the ordinar and cheptour, at the leist of the ordinar and patron, and for the space of thre zeiris allenarlie; and gif ony sic assedatioun be set, the samin is of nane avail, and may be reducit, at the instance of the successour of him quha set the tak, bot not be himself; because the samin beand set be him in his awin time, he sall never be heard, to cum in the contrare thairof, or to desire the samin to be reducit and annullit.
