Scottish Court of Session Decisions

Subject_1 GLEBE.
Subject_2 SECT. VII.

Fuel and Pasturage.

Hugh Hay
v.
Andrew Williamson

Date: 2 December 1778
Case No. No 30.

Ministers are not entitled to pasture their cattle in churchyards.

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Hay and Low, two heritors in the parish of Arngask, brought an action before the Sheriff of Fife, against Andrew Williamson, minister of the parish, concluding, inter alia, that he should be decerned to desist from, pasturing his cattle in the church-yard in all time coming. The Sheriff found, ‘That he was only entitled to cut the grass in the church-yard, but not to pasture his bestial thereon;’ and discharged him from doing so thereafter. The defender, in a bill of advocation, alleged, that it was the general practice over Scotland for ministers to feed their cattle in the church-yard.

Answered for the heritors; The law does not allow parish church-yards to be put to any use but that of the interment of the dead. In every other respect they are extra commercium; and the minister has no more right to feed his cattle in them than he has to plow them up, and raise a crop out of them. The Lord Ordinary refused the bill so far as it respected this article.

The Court, upon advising a reclaiming petition and answers, adhered to the Lord Ordinary's interlocutor.

Lord Ordinary, Braxfield. Act. D. Græme. Alt. Robertson. Clerk, Orme. Fol. Dic. v. 3. p 253. Fac. Col. No 47. p. 81.