Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Mr John Gibson, Parson of Old Hamstocks,
v.
Patrick Hepburne and Others

Date: 18 December 1673

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In a pursuit, at the said Mr John's instance, as presented to the parsonage of Old Hamstocks, against the heritors of the parish, for reparation of his manse, conform to an account made after visitation, by ministers appointed by the bishop, extending to seven hundred pounds and odds:

It was alleged by the heritors, that the pursuer, by his presentation, being parson, and having right to the whole teinds in the parish, which was a very considerable benefice, and exceeding the value of some bishoprics, could not crave the benefit of the Acts of Parliament anent reparation of manses, which was only competent to ministers who had modified stipends out of the tithes; whereas such parsons ought to be looked upon as titulars of great benefices, such as bishoprics or abbacies.

It was replied, That, by all the several Acts of Parliament anent reparation of manses, all ministers serving the cure, without distinction, may have the benefit thereof; and parsonages and vicarages not being ecclesiastical dignities, which are accounted great benefices, they cannot be debarred upon that pretext.

The Lords did repel the defence, in respect of the reply; and found, that albeit patrons had no right to the tithes, but must present parsons and vicars to the whole benefice, yet that will not prejudge them of the benefit of the Act of Parliament, if either they want or have not sufficient manses.

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