Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 YULE VACANCY.
The Minister of Prestonhauch v. The Heritors
Date: 8 May 1677
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The Bishop of Edinburgh, upon the representation of the minister of Prestonhauch, issued forth a commission to the ministers of that presbytery, to make a visitation of the condition of the said church and yard-dike, it being ruinous; to the effect they might convene tradesmen and examine them upon oath, what truly it would take to repair it; and then to impose the same by the common stent-roll of paying their other cesses and taxations, conform to their respective rents and interests in the parish, upon the gentlemen and heritors parishioners. At the meeting, a visible necessity was seen for repairing: but the method prescribed in the commission was thought only to be subsidiary, in case the heritors could not agree amongst themselves; for tradesmen will be ready to value high on hopes to get the work to themselves; and therefore others should be employed besides them who value it.
It was alleged,—The parson by the law was bound to uphold the quire. It was answered,—That holds only when they are in possession of the teinds. Then alleged,—Some of the most considerable heritors wanted a convenient seat, as particularly Waughton, whose aisle was remote from the pulpit, and therefore no repairing. alleged,—If by this delay the winter came on, it would make the reparation much dearer, and therefore the one needed not stop the other.
It was recommended to the heritors to meet amongst themselves, to call for workmen, and settle as easy as they could, for repairing the kirk, and to stent themselves; as also, to accommodate all with seats and give every one a proportion of the church, less or more, conform to his interest and land in the parish.
In some places, they declare all the room and seats in the church vacant, and then divide.
