Scottish Court of Session Decisions

Subject_1 KIRK-SESSION.

Hamilton of Westburn
v.
The Minister and Kirk-Session of Cambuslang

Date: 22 November 1752
Case No. No. 2.

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In a process at the instance of Hamilton of Westburn against the Minister and Kirk-Session of Cambuslang, in which all the Session books were at last produced in Court, the pursuer objeoted to sundry articles of debursements, particularly two guineas in 1742 for the use of a field to preach, the congregation being so numerous that the church-yard could not contain them; item, an article to a constable to keep the peace and prevent disturbance; item, an article for repairing a park-dike broke down by them. Answered, That the poor, instead of being loosers, were great gainers by that expense and by that measure; in so much, that their stock from L.500, which it was before 1742, was now by the offerings at these great numerous meetings increased to L.5000. However, the Lords sustained the objection, and disallowed these articles. He objected also to an article for communion-elements. Answered, That the Minister's allowance to furnish communion-elements was oniy 50 merks, which could not be sufficient where there were such numbers. The Lords repelled the objection. He also objected to an annual article for the Presbytery-clerk and Session-clerk; but the Lords also repelled this objection, because of the universal custom, though they thought these articles illegal, 25th July 1752. Adhered, 22d November, as to the rent of the field, the gratuity to a constable, and repairing the park-dike; adhered also as to communion elements, table-cloths and forms; allowed the article for the Presbytery-clerk for bygones, but discharged it in time coming.