Scottish Court of Session Decisions

The Act 1707, cap. 9, gives to the Court power to judge, cognosce, and determine in all affairs and causes whatsomever which by the laws aud Acts of Parliament of the Kingdom of Scotland were formerly referred to and did pertain and belong to the jurisdiction and cognisance of the Commissions formerly appointed for Plantation of Kirks and Valuation of Teinds, and in particular power “to disjoin too large paroshes, to erect and build new churches, to annex and dismember churches as they shall think fit, conforme to the rules laid down and powers granted by the 19th Act of the Parliament of 1633, the 23rd and 30th Acts of the Parliament of 1690, and the 24th Act of the Parliament of 1693 in sua far as the same stands unrepealed.”

Alexander Whitelaw and another, trustees other than those ex officiis of the quoad sacra church and parish of Blythswood, Glasgow, acting under the deed of constitution

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for the church, and James Fergusson Dickie and others, a majority and quorum of the trustees other than those ex officiis of the quoad sacra church and parish of Saint Matthew's, Glasgow, acting under the deed of constitution for the church, with consent and concurrence of (1) the Procurator for the Church of Scotland, as representing the General Assembly, and as representing the ex officiis trustees of the churches and parishes referred to; (2) the moderator and clerk of the presbytery of Glasgow, as representing the presbytery; (3) the moderator of the kirk-session and the session-clerk of the parish of Blyths-wood, on behalf of the kirk-session of the parish; and (4) the moderator of the kirk-session and the session-clerk of the parish of Saint Matthew's, on behalf of the kirk-session of the parish, petitioners, presented a petition to the Court of Teinds craving the Court, inter alia, “to find and declare that it is proper that the said two quoad sacra parishes of Saint Matthew's and Blythswood should be united; and to decern and join the said two parishes accordingly as one quoad sacra parish to be called Saint Matthew's-Blythswood Parish quoad sacra, in connection with the Church of Scotland, to declare the present church of Blythswood to be the church of the said proposed united parish, and to declare that the said Reverend Alexander Spark shall become the minister, and the members of the respective kirk-session of Saint Matthew's and Blythswood the kirk-session of the proposed united parish. …”

The petition set forth—“That by an Act passed in the Parliament of Scotland in the year 1707 (cap. 9) your Lordships had transferred to you the jurisdiction and powers formerly possessed by the Commissioners appointed for the Plantation of Kirks and Valuation of Teinds, including power to annex churches. That under the Act 7 and 8 Vict. cap. 44, the said parish of Saint Matthew's quoad sacra was erected in 1852 and the said parish of Blythswood quoad sacra in 1876—both being disjoined from the Barony Parish of Glasgow. The parishes are contiguous, and are both of limited extent—forming together a block, almost square, extending less than half-a-mile in each direction.… That the population of both parishes has during the last few years been steadily declining. According to last census the population in Saint Matthew's Parish was then only 3941, and in Blythswood Parish 5119. Since then they have both further greatly decreased owing to the continued conversion of residential buildings into places of business. The Parish Church of Saint Columba (Gaelic) is situated within the bounds of Blythswood parish, and there are in addition other six parish churches in the immediate vicinity, besides a large number of United Free churches and several churches of other Protestant denominations. That the congregations of both churches of Blythswood and Saint Matthew's are finding it increasingly difficult adequately to support a minister and to carry on independently aggressive Christian work in the district. That the Reverend Alexander Spark is minister of the parish of Saint Matthew's. On 25th October 1918 a vacancy occurred in the parish of Blythswood, and not having been filled up in view of the negotiations hereinafter mentioned, the right of appointment to said parish has now fallen to the Presbytery of Glasgow tanquam jure devo-luto. That when said vacancy occurred the office-bearers of Saint Matthew's Parish approached the office-bearers of Blythswood Parish regarding a union of the parishes, being convinced that such a step would be for the benefit of both parishes and the greater good of the Church of Scotland. Meetings of the congregations of both churches took place at which the proposal was generally approved, and the officebearers of both were instructed to enter into conference. Subsequently a scheme of union was drawn up and a copy sent to each member of both congregations, along with a voting paper on which the member was desired to vote for or against the proposed union. In Blythswood, the membership of which numbers 698, there voted for union 356 and against 26; and in Saint Matthew's, the membership of which numbers 520, there voted for union 354 and against 27. Of those who voted against 17 members in Blythswood and 10 in Saint Matthew's signified their willingness to acquiesce in the decision of the majority. The members of both congregations who voted were therefore almost unanimous in favour of union. That by said scheme of union it is proposed that the present Church of Blythswood, which is seated for 721, and is conveniently situated in Bath Street, Glasgow, should be the church of the united parish, to be called Saint Matthew's-Blythswood, and that the Reverend Alexander Spark, the present minister of Saint Matthew's Parish, should be the first minister of the united parish. It is further proposed that meantime the present church of Saint Matthew's should be made a centre for Christian work in the district, for which certain trust funds in the hands of the kirk-session of Saint Matthew's would be available, but in the event of that building being subsequently found inconvenient for this purpose, application will in that case be made to your Lordships for power to sell the same, the proceeds thereof to be applied for religious work in the proposed united parish in such way as your Lordships may authorise or direct.”

The petition was duly intimated and no answers were lodged. The Court remitted to the Teind Clerk to inquire into the facts set forth in the petition and to report thereon, and as to any other matter that might be involved through the union.

The report of the Teind Clerk contained the following:—“The present petition is the first application for a union of two quoad sacra churches and parishes erected in terms of the Statute 7th and 8th Vict. cap. 44, and the erection of the same into a parish quoad sacra. There is no authority under that statute to unite parishes erected thereunder, but in a petition at the instance of the trustees, the kirk-session, and managers of the quoad sacra parish of Kelvinhaugh, Glasgow,

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for an extension of the boundaries of that parish by separating and disjoining a district or area forming part of the Barony Parish of Glasgow and uniting and annexing the same quoad sacra to the said parish of Kelvinhaugh quoad sacra, the Court held (1) that the petition was competent under the Statute of 1707; (2) that the consent of a major part of the heritors was not required; and (3) that in the circumstances the petition should be granted— Baird and Others, Petitioners, 1893, 20 R. 973, 30 S.L.R. 829.”

The Court without delivering opinions granted the prayer of the petition.