In a competition for viccarage teinds, the incumbent found preferable to a person having a tack from a former minister, who had been only a stipendiary.
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The Tenants of Hyndwood suspending in a double poinding against the minister of Coldingham, claiming their viccarage-teinds as a part of his stipend on the one part, and against the Lady Ayton, and Laird of Blackadder, her spouse, on the other part, the Lady claiming the same as a tackswoman by virtue of a tack of the same viccarage teinds, set to her by Mr William Douglas of Stanypath, minister at the said kirk for the time, who then had right to the said viccarage-teinds, set to her during all the days of his lifetime, who yet lives; and the present minister replying, that Mr William Douglas was never provided by any presentation to the viccarage, as a distinct benefice, but was only a stipendary minister, and had the viccarage-teinds assigned to him, as a part of his stipend, so that he could set no tack of these viccarage-teinds, which could endure longer space than during the time of his service at the said kirk, in prejudice of the succeeding minister, who was to be provided to the charge, no more than he could set any tack of the rest of his stipend, which could have no longer endurance; for otherwise, the entrant ministers might be sensibly wracked, and their stipends reduced to such a small proportion, whereupon they could not live; the Lords found, that this tack could not defend the Lady, the setter being removed, and serving the cure at another kirk, albeit he be yet in life; seeing the viccarage-teinds are assigned to the minister, serving the cure at the kirk libelled, as a part of the stipend, wherein he cannot be prejudged by the minister his predecessor; these teinds not being bruiked by any person provided to the viccarage, as a distinct benefice by any distinct or several presentation, but being annexed to the minister, and allotted for a part of his stipend; so that he being a stipendary minister, he could not set any tack which could last longer than he remained actual minister at that kirk, of any part of these teinds, nor any other part of his stipend, thereby to prejudge his successor, or the kirk; and therefore they found the tack null, and that the present minister had best right to the teinds, and decerned him to be answered thereof.
Act. Mowat.Alt. Craig.Clerk, Gibson.
Fol. Dic. v. 1. p. 528. Durie, p. 812.
