The designation of a glebe was found null, tho' it bore to be made by the moderator and others of the presbytery, with the assent of the whole elders and honest men of the parish; because there were none denominated specifice, nor did it bear, that the presbytery had authorised the moderator to design it.
Click here to view a pdf copy of this documet : PDF Copy
In a suspension of charges of removing from a minister's glebe, Hamilton minister at Linton against——; the Lords found a designation null, upon this eiked reason proponed after inspection, viz. because the designation was not made by a commissioner having, power from the presbytery, to pass and make the said designation; albeit the same was made by the moderator of the presbytery, being directed to visit that kirk, as the said designation bore; but not bearing, that upon complaint or desire made to the presbytery concerning the glebe, he had warrant or direction from them to design, only bearing that the moderator in his said visitation, upon complaint made to himself, and to the gentlemen of the parish of Linton then present, of the insufficiency and inlake of his glebe, the said moderator, with consent of the parishioners present designed, &c. which the Lords found not enough, wanting a specific warrant as said is; and also because it bore not, “That it was done with consent of two or three honest men in the parish,” whose names ought to have been set down in the designation specially, for it was not sufficient that it bore, “to be done with advice of the parishioners generally,” condescending upon no special person, albeit also two or three of the witnesses in the designation were of the honest men of the parish, conform to the 48th act Parliament 1572; also, this, designation was of a whole new glebe, whereas there was an old glebe, which the minister possessed, and was not four acres complete; so that the designation should only have been made of so much as might make out the old glebe complete, and not of a whole new glebe.
Act. Cunninghame.Alt. Stuart.Clerk, Gibson.
Fol. Dic. v. 1. p. 351. Durie, p. 375.***Spottiswood reports the same case:
The designation of a minister's glebe must bear, That it was made by such a d such of the ministry, and any two named specificly of the honest men of the parish required by the ministers to join with them in designing of the said glebe, otherwise the designation will be thought not done, according as the act of Parliament prescribeth; as was found between Mr John Hamilton, Mr Athlington, and John Tweedie, whose designation was found null, notwithstanding that it bore it to be made by the moderator, and others of the presbytery of Peebles, with the advice and assent of the whole elders and honest men of the parish, because there were none denominated specifice.
