Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION. Collected By JAMES BURNETT, LORD MONBODDO.

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v.
Minister of Areskine

Date: 27 February 1754

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The patron of this parish pursued a modification and locality of the stipend of this parish, which was a parsonage, and the minister in possession of the greatest part of the benefice.

The Lord President declared his opinion, that if it had not been a parsonage, the patron would have had no title to pursue a modification and locality, because in that case he would have had right to the tithes by the act 1690, and might have laid hold of them and kept them, leaving the minister to get a stipend modified for himself, so that he had no interest to pursue a modification; whereas by the act 1693, if the benefice is a parsonage, the minister is entitled to retain the tithes till he get a modified stipend, and therefore the patron has an interest to pursue for such modified stipend, that he may have the remainder of the tithes to himself; but he said he did not think that the minister, as parson, being in possession of the benefice was any reason for modifying to him a greater stipend than ordinary.

Lord Drummore was of opinion that the patron of any parish was entitled to pursue a process of modification, that he might know what belonged to him after deduction of the minister's stipend.