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Scottish Court of Session Decisions >>
Mr Robert Herries v Lockerby. [1661] Mor 7948 (4 July 1661)
URL: http://www.bailii.org/scot/cases/ScotCS/1661/Mor1907948-025.html Cite as:
[1661] Mor 7948
Long possession alone found to entitle the minister to the stipend.
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Mr Robert Herries minister at Drysdale, having anno 1641, set to Lockerby a tack of the teinds, charges him for the tack-duty, who suspends upon this reason, that the town of Glasgow having gotten from the King a right to the spirituality of Glasgow, they obtained a decreet of reduction of this tack, the minister being called, and the reason of reduction was, in respect Drysdale was not a parsonage, but a mensal kirk of Glasgow, and the minister had never more from the bishop, but an assignation to so much of the teind as he was pleased to give him. It was answered, That the reduction was not obtained till the 1656, and the minister being in possession 15 or 16 years before, though the tack be reduced, yet his possession, without respect to the tack being so long, it ought to give him as minister, a good right to the stipend he enjoys, being no more, but rather less, than the law allows to ministers. Likeas, Lockerby got a new tack from the town of Glasgow, which reserves what is allocated to the minister, and there being no other allocation than has been allowed to him by his possession, he ought to continue therein; especially, seeing the teinds are able to pay both the tack-duty payable to the town of Glasgow, and the quantity also contained in the charge. Likeas, he passeth from the charge, in so far as it is founded upon the tack, and insists only as minister serving the cure.
The Lords sustained the charge for the quantity, whereof the minister has been so long in possession, the minister's stipend being no greater than what is allowed by law.
