Scottish Court of Session Decisions

Subject_1 KIRK.

The Minister of the Parish of Tingwall
v.
The Heritors

Date: 22 June 1787
Case No. No 17.

The Court found that where it is necessary to build a new church, its dimensions must be such as will contain two-thirds of the examinable persons in the parish, not under twelve years of age.

Click here to view a pdf copy of this documet : PDF Copy

The Presbytery of Zetland having directed a new church of certain dimensions to be built in the parish of Tingwall, the Heritors brought those proceedings under the review of the Court of Session, by a bill of suspension.

The Lord Ordinary pronounced this interlocutor:

“Finds, That when it becomes necessary to build a new church, the heritors of the parish are bound to provide one sufficient for the accommodation of the parishioners capable of attending public worship; and that this is a burden under which they acquired and hold their estates: Finds it admitted, That the parish of Tingwall does at present contain 209 families: Finds, That there are in it 847 persons capable of attending divine worship: Finds, That the church, as proposed by the heritors, is not of dimensions more than sufficient to accommodate 426 persons; and that the church, as proposed by the Presbytery, is of dimensions sufficient to accommodate 585 persons: Finds, That a church of the former dimensions would be too small, and that the latter would not be too large, for the decent and convenient attending on divine worship in the parish of Tingwall.”

Against this judgment, the heritors preferred a reclaiming petition, in which they also insisted, that the form of the church proposed by the Presbytery was liable to considerable objections. After advising this petition, with answers given in, in behalf of the minister,

The Court were in general of opinion, That the plan of the building might be concerted among the heritors themselves, without the intervention of the Presbytery, whose only province it was, to see that the church was of a proper size for accommodating those who attended public worship.

The extent of the accommodation requisite for the number of parishioners was fixed in this manner; those were deemed examinable persons who were twelve years old, and the church was to be built in such a way as to be capable of containing two-thirds of the parishioners falling under this description. This was laid down as a general rule to be observed in all time coming.

The Lords found, “That the heritors of the parish of Tingwall are obliged to build a church capable of containing two-thirds of the examinable persons in the parish, not under twelve years of age, and remitted to the Lord Ordinary to proceed accordingly.”

Lord Ordinary, Henderland. Act. W. Robertson. Alt. Cha. Hay. Clerk, Home. Fol. Dic. v. 3. p. 369. Fac. Col. No 335. p. 515.