Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL
Subject_2 SUMMER SESSION.

Lord Melville
v.
James Williamson

Date: 6 February 1684

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At the Commission for Plantation of Kirks, my Lord Melvil reducing a decreet of augmentation obtained against him by Mr James Williamson, minister at Kirkcaldy, of 100 merks yearly, and converting oats to bear; the Lords sustained his decreet, and assoilyied from the reduction; because, though there was a new church erected at Abbotshall, and taken off Kirkcaldy, yet that could not prejudge the ecclesia matrix from which it was dismembered, especially seeing Melvil paid no communion elements to the kirk of Abbotshall.

I heard it questioned at this time, if a minister be seeking an augmentation who has not full eight chalders of victual, or 800 merks of money, and there be no free teinds unexhausted in the parish, but only decimce inclusæ; whether will they be burdened, or will the minister be sent to the remedium extraordinarium of affecting free unprivileged teinds non inclusæ of the adjacent parish, as the minister of North Leith got off the West Kirk parish. Vide infra, 12th March 1684, the case of Tulliallan and Culross.

Vol. I. Page 267.