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Scottish Court of Session Decisions >>
MR. John Andersone v John Watsone. [1672] 2 Brn 615 (24 January 1672)
URL: http://www.bailii.org/scot/cases/ScotCS/1672/Brn020615-1026.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
MR John Andersone v. John Watsone
Date: 24 January 1672
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I was this day informed of an action pursued in 1664, by Mr. John Andersone, parson of Dysart, against John Watsone, heritor of the Pathhead, as he who had the only Kirklands in the parish, for a glebe. Wherein it was alleged, 1mo, That being a minister of a burgh royal, he could have no glebe.
Answered,—That all ministers, though of burghs royal, had right to a glebe, providing they had any land-ward parish belonging to them, as he had; and that the 20th act of Parliament in 1663, does not exclude all ministers of royal burghs from a glebe, but only some.
The Lords found he had right to a glebe, because he had likewise the cure of a country parish.
2do, They alleged, that the parson of Dysart could seek no glebe, because of old they had a glebe designed to them, viz. That part of the town of Dysart which is called the rectory, which at that time was in acres,* and was by the parsons since feued out at sundry times to several persons who have built houses thereupon, and pay a small feu-duty of two pence or three pence to the parson as superior and rector of the said rectory; who likewise enters the heirs and singular successors in these tenements for a composition; and if the parsons have prejudged themselves of their glebe in the manner condescended on sibi imputent.*
To this it was answered,—That the said rectory will not be the third part of the town; that the haill feu-duties paid him will scarce make a dollar a year; that this ground was feued out long before the acts of Parliament appointing ministers to have glebes, and so cannot be reputed his glebe.
Yet the Lords construed it “instead of his glebe;” only they did him this favour, that the haill ground whereon these houses were built should be met, and if it wanted any thing to make it a complete glebe, conform to the quantity designed by the acts of Parliament, that then the same should be made up out of the Pathhead, because the defender could condescend upon no other parson's lands, save these of this rectory. Whereon they transacted the matter; and for the overplus, Watsone obliged himself to pay the parson, yearly, a sum of money during his incumbency there. See this decision, Tit. 9, voce Gleibs, in an 8vo. MS. of Pratiques.
Advocates' MS. No. 309, folio 126.
* Which acres at least were parson's land, and, by the act of Parliament they must be designed before other kirklands.
* Yet see act 27, Parliament 1563, prohibiting glebes to be set in feu or in tacks.
