Church Patronage – Right to Present. –
The parish of Livingstone, of which the appellant was patron, was large; and it occurred to some of the heritors and inhabitants, that a new church, and a division of the parish would be a desirable object. They subscribed funds to purchase lands, and to mortify the same for the support of a minister. The deed of foundation vested the management of these, and the election of the minister in the heritors and kirk-session of Whitburn, and excluding the patron therefrom. The parish was divided, and a new erection obtained under the name of the parish of Whitburn. The patron had given a qualified consent to this erection, reserving his own rights. In an action at the patron’s instance, held that he had no right to present the minister, or to the vacant stipends. Reversed in the House of Lords, and held him to have right to both.
Citations:
[1762] UKHL 6 – Paton – 734, (1762) 6 Paton 734
Links:
Jurisdiction:
Scotland
Ecclesiastical
Updated: 29 May 2022; Ref: scu.560601