CHAP. IV. $2. MANSE. I. Of Ecclesiastical or Church Property, or HE clergy are principally maintained from the teinds 1. TH or tithes; which, as being a fund appropriated for that purpose, are treated of by Sir Thomas Craig under the head of res facra; and which, as being truly a fervitude or burden affecting lands, fall, according to Mr. Erskine2, naturally to be explained after fervitudes. BUT it may be proper, first, to consider those provifions which the law has made for the clergy's perfonal accommo dation. II. ON the eve of the Reformation, the parfons, vicars, and other churchmen, having fet in feu, or long tacks, their manfes as well as glebes, there were no fufficient dwelling kirks where places for thofe that ferved "or fuld ferve and minister at the ift cafe, there were parfons or kirkes." In order to remedy this evil, it was ordained by vicars for merly. a B. ii, tit. 10, § I. b 15632 c. 72. $2. MANSE. Ift CASE. have the cient houfe nearest to the act 1563, c. 72, that " they that are appoynted or to be appoynted to ferve and minifter at ony kirk within this realm, have the principal manfe of the parfon or vicar, or fa meikle thereof as fall be fundin fufficient for ftaiking of Minister to them, to the effect that they may the better wait upon the principal charge appoynted and to be appoynted unto them, quhidder manfe. the faidis gleibes be fet in feu or tack of before or not; or that ane reasonable and fufficient houfe be bigged to them or a fuffi befide the kirke, be the perfon or vicar or utheris havand the be built. faid manfes in feu or lang tackes." This was confirmed by act 1572, c. 48a, declaring that "the manfes outher pertain- 1572, c. 48. ing to the perfone or vicar, maist ewest" (or nearest) " to the Manfe kirk, and maift commodious for dwelling, perteines and fall the kirk. pertein to the minifter or reader ferving at the famin kirk... And quhair ony perfones, upon pretence of fewes or takkes obteined of manfes or glebes, hes made fumptuous biggings thereon, fra the quhilks they think heavy to be difpoffeffed or removed, that then the archbishop, bifhop, fuperintendent or commissioner. . . travel to agree the fewer or tacksmen or a house and the minifter or reader be delivering to the famin minif- equally ter or reader of ane uther manfe, quilk fall be als gude and eweft as the uther, be juft eftimation the time it was fet in feu or takkes... Bot gif the fewer or takkefman refuses willingly to condefcend on the famin, then the execution to proceed, for removing fra the principall manfe . . . notwithftanding ony biggings made or to be made thereupon." THESE ftatutes, which alfo forbid all feuing and fetting of manfes on long tacks, provided for the accommodation of the ministers of those parishes only where there were manfes belonging to the parfon or vicar. good. Ber minifters were provided to churches alfo, where —2d cast. $ 2. MANGE Parishes were no there were no parfons or vicars formerly; fuch as cathedral —2d CASE, churches or abbacies. In order to provide for this second cafe, the above ftatutes were afterwards "extended to all abbayes where there and cathedral kirks . . . quhair na uther manse . . . perteining to parfon or vicar was of before: fwa that the ministers presently admitted, or quhilk hereafter fall happen to be admitted, to the office or cure of the miniftry within the faid Within the kirk, fall have ane fufficient manfe and dwelling place withprecincts of the abbey. in the precinct of the abbey where he fervis... with fpecial parfon's manfe. -38 CASE, Where there was tical per fons, or where the fame was mortified to provifion, that it fall be in the option of the abbots, priors, and utheris prelates, and perfones quhatfumever, fewares of the faids cathedrall and abbaie-places, either to grant ane manse to the minifter within the precinct of their place, or elfe ane fufficient manfe lyand als eweft and commodious to the paroche kirk f." A THIRD cafe ftill remained unprovided for; that of the minifters of thofe parishes where there were no houses formerno houfe ly belonging to ecclefiaftical persons, or where the fame were belonging to ecclefiaf- appropriated to the use of an university, school, or hofpital. It was therefore provided 8, that another house shall be defigned as a manfe to the minifter, most commodious and nearest the parish kirk, with relief to the heritor, out of whofe lands the fame is defigned; and laftly, on the narrative that "notfchools, &c. withstanding of diverse acts of parliament made of before, -ST. 1663. diverfe minifters are not yet fufficiently provided with manfes, and others do not get their manfes free at their entry "," the ftatute 1663, c. 21, in order to remedy the first of these evils, ordained, that " where competent manfes are The heri- not already built, the heritors of the paroch, at the fight of tors at fight the bishop of the diocefs, or fuch minifters as he fall appoint, with two or three of the most knowing and difcreet men of Narrative. of the bishop. $2. MANSE the paroch, build competent manfes to their minifters, the expences thereof not exceeding Icool. Scots, and not being 3 CASE. beneath 500 merks Scots "." --1663,c.21. the heritors. In order to remedy the other inconvenience, viz. "that -REPAIR. others do not get their manfes free at their entry," the same ftatute," where competent manfes are already built," orTo be put in dained the "heritors of the paroch to relieve the minifter fufficient and his executors of all cofts, charges, and expences, for re- repair by pairing of the forefaid manfes; declaring hereby, that the manfes being once built and repaired, and the building or repairing fatisfied, and payed by the heritors in manner fore- the incumfaid, the faids manses shall thereafter be upholden by the incumbent minifters during their poffeffion, and by the heri- In time of tors, in time of vacancy, out of the readiest of the vacant fti- vacancy. pend." But up holden by bents. BYRE. GARDEN. THIS obligation upon landholders to build a manfe, is—STABLE, equitably held to include stable, barn, and byre or cowhoufe, BARN, AND with a garden; for all which it is usual to allow half an acre of ground. But the minifter cannot demand a new defignation on the footing that the ground formerly defigned does not amount to half an acre 1. in place of the bishop. THE act 1663 ordained the manfe to be built at the Prefbytery fight of the bishop. Since the abolition of prelacy, prefbyteries, instead of the bishops, are in the practice of proportioning among the proprietors the fums falling to be paid by each, as well as judging of the plan, dimenfions, and fituation of the manse. ANY difpute between the minifter, prefbytery, and heri- Court of tors or landholders, as to any of these particulars, or as to the fellion com pet Ju rifdiction. $ 2. MANSE. ON WHOM. Heritor. propriety of building a new one, must be determined by the fupreme court. THE expences, according to the prefent price of labour, neceflary for the proper accommodation of the minifter, are allowed, though far exceeding the ftatutory fums. THE ftatute 1663 lays the burden on the heritors. This word fometimes means fuperiors; but here it is understood to mean holders of land in property. No part of the expence, therefore, of building or repairing a manfe, falls on Superior. the fuperior 1. Liferenter. Are life THE term heritors does not include liferenters, who have been found to be free of any part of the burden of building manfes but Mr. Erskine thinks" it is poffible, that, in the renters lia reparation of the manfe, which has lefs of the nature of perpetuity than building it, and is frequently reiterated during the fubfiftence of the fame liferent, our judges might be moved, by confiderations of equity, to burden a liferenter, who has a real right in the lands, though it be but tempo ble for repairs? k As in 1661, c. 35. 1 2d July 1778. Sir Laurence Dundas against Arthur Nicholfon. In this cafe," the court, before advising the caufe, ordained an inquiry to be made by the parties, whether, in the general practice over Scotland, the fuperior was fubjected in any parochial burdens. The court, upon advifing certificates of the practice, with informations, were of opinion that the expence of building the manfe is to be laid on the property, and not on the fuperiority; and that by heritors, in the ftatute 1663, pro prietors are to be understood: That there has been no ufage, either in the general cafe over Scotland or in Zetland, fufficient to justify any contrary rule of affeffment." (Fac. Coll.) m 14th Nov. 1679. Lord and lady Binftoun. (Staig) Argued for the liferenter," whatever might be pretended in equity for making a ftatute to burden liferenters for fome share for building manfes, yet where the matter is fixed by a flatute, the lords ought to acquiefce therein, and cannot extend it de cafu in cafum.” |