The Minister of Tulliallane v. Colvill of Larg and Kincardine
Date: 28 January 1675 Case No. No. 101.
Found that heritors of land, having right cum decimis inclusis, were not liable to the augmentation of Ministers' stipend.
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It was found by the Lords Commissioners for teinds, That the heritors of lands having right cum decimis inclusis were not liable to the augmentations of Ministers' stipends, and that no locality could be given out of their teinds, the said infeftments being before the year 1587; and that the feu-duty payable to church-men for stock and teind in victual was not liable thereto, because the teinds not being separate from the stock, and the heritors having right to the lands free of teinds, in effect there were not decimæ; and by the acts of Parliament, and the King's decreet-arbitral, teinds are liable to Ministers' augmentations, in consideration that the Lords of erection and titulars had right thereto from the King since the act of annexation; and that the King, who might have questioned their rights, was pleased by the said acts of Parliament, and decreet-arbitral, to affect them with the burden of Ministers' stipends; whereas such rights cum decimis, were granted by church-men, and did not flow from the King, but from them, at such time as by the law then standing, they might have granted the same.
Fol. Dic. v. 2. p. 437.
Dirleton, No. 229. p. 108.
