Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 STIPEND.
Subject_3 Minimum of a Stipend.

Mr James Reid, Minister of the Gospel at Beith,
v.
The Heritors of that Parish

1766. June

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The parish of Beith is between two and three miles long, and as many broad: the minister's house and church are centrical: the number of persons in the parish is 800, so that there may be about 300 examinable. The parish is situated in Fife, upon the high-road, at about equal distance from the North Perry and Kinross. In 1650, the Commisioners for Plantation of Kirks modified to the minister of Beith the following stipend:—3 chalders oats, 1 chalder bear, 500 merks in money, and 40 merks for communion elements. There is a sum mortified to the minister of this parish, being 1400 merks, whereof he ought to receive the interest.

In 1764, Mr Reid pursued the heritors for an augmentation.

On the 5th March 1766, “The Lords Commissioners modified the constant stipend to be one chalder of bear, and L.633: 6: 8 Scots for stipend, with L.40 money, foresaid, for communion elements, by and attour the interest of 1400 merks mortified to the minister of this parish.”

On the 4th July 1766, the Lords, after advising a reclaiming petition for the minister, and answers for the heritors, “adhered.”

Act. D. Dalrymple. Alt. A. Rolland. OPINIONS.

Coalston. I hold that the minimum established by law, is eight chalders, or an equivalent in money; so that, in places where the grain is worth L.100 Scots per chalder, as in the neighbourhood of Beith, the minister must have eight chalders, or L.800 Scots; and as this minister has not L.800 Scots, he has not the minimum.

Auchinleck. This cannot be the construction of the law; for, had L.800 been the minimum, no minister would ever have acquiesced in the minimum as generally understood of 800 merks.