The single escheat of a minister falls to the King, and not to the Lord of regality, tho' the manse be within the regality.
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In a declarator of escheat pursued by Fletcher against Mr James Irvine, the Bishop of St Andrews compearing and alleged, that the said rebel's escheat pertained to him, and not to the King's donatar, seeing the said rebel dwelt in the lands of, which are within his regality. The Lords repelled this allegeance, for albeit the rebel (he being a minister) had his dwelling in his manse beside his parish kirk, the lands whereof, and whereupon his manse was builded, lay within the regality of St Andrews; yet they found that the said manse could not be repute to be holden of the bishoprick, but that manses pertaining to ministers, being given to them by the King and Estates, by laws and acts of Parliament, the same ceased to be of any private holding, and could have acknowledgement of no superior but the King; and consequently the Lords found, that the stipend due to the minister that year of his rebellion, albeit the same was paid out of the teinds of that lands holden of the Bishop, pertained to the King's donatar, because the debts owing to the rebel follow his dwelling-place as nomina debitorum do; likeas the sum owing to him for reparation of the manse, was also found to be in the like case. See Manse.
Act. Hope.Alt. Aiton.Clerk, Hay.
Fol. Dic. v. 1, p. 254. Durie, p. 373.
