A tenant must labour tanquam bonus pater familias.
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Sir Andrew Murray of Pitlochie having set a tack of a room to James Balcanqual, his tenant, for certain years, the said James has not only tilled the swaird of some parts which were never laboured before, but has over-limed it so, that, if he continue, he will render the room altogether unprofitable to his master after the expiring of the tack; and therefore convenes him for damage, and to desist. It was alleged by the defender, That he being the tenant, might, during the tack, labour the room for his own advantage any way he pleased, not being otherwise provided by the tack. Replied, That the defender, being a tenant, ought to labour tanquam bonus pater familias, and as tenants are in use to do, not to destroy the ground in, the end, but to labour it so as that it may return to the master in a reasonable condition; else tenants, if they should be suffered to labour as they will, may destroy the very substance of the lands.
The Lords, before answer, ordained a trial to be taken of the way of the tenant’s labouring, and condition of the ground, how it was, and is, and may be, by the way he labours.
