write to them, "stating the amount of his present stipend, "and the addition he means to crave", provided that such letters be inserted into the presbytery records, one month before the summons is called in court.

The pursuer must produce, along with the summons, as evidence of the citation, 1. A certificate by the precentor of the parish, and messenger or constable, of the several intimations before explained: 2. The newspapers in which the notices appointed by the act appeared: 3. The execution of citation to the officers of state, if they be parties: And 4. a certificate from the presbytery clerk, that the pursuer had intimated his action by letter to the moderator and clerk; and that his letter had been duly recorded in the presbytery books.

Callings, outgivings, returnings, enrolments, all the rules of procedure after inrolment, till the final decision, properly belong to the agent conducting the process, wherein the minister cannot interfere.

The heritors bear no part of the expense which has been incurred in obtaining an augmentation. This is borne exclusively by the minister.-The heritors must be at the expense of extracting the decreet; which must be put into the possession of the minister.

GLEBE.

Glebe is the denomination of that portion of ground which, from the earliest ages of the church, has been assigned to a minister over and above his proper stipend. Upon the appearance of the Reformation in Scotland, the Romish clergy having disposed of the lands, attached to their benefices, in feus and long leases, many of the ministers of the reformed religion, found their parishes without glebes. These alienations were prohibited, and a portion of land allotted to them as a glebe ". The allotment consisted of four acres of arable

v Act 48 Geo. III. c. 138. § 17. w Act 1563. c. 72.

*

land, where it was to be found, most adjacent to the manse; whether the ground was "set in feu, tack, or otherwise" *. Where arable land was not to be met with, sixteen soums of grass in lieu of it, were appointed out of the lands situated nearest to the parish church. Such is the present state of the law respecting that species of land, termed the arable glebe.

66

Every description of clergyman is not entitled to an arable glebe. It has long been a settled point, that the minister of a parish situated entirely in the country, has a right to a glebe; but on the other hand, it has also long been ascertained that ministers of royal burghs, who have no country or landward parish, have no right to a glebe. The claims, however, of those ministers of royal burghs, a part of whose parish is landward, were long disputed. But some of the ablest interpreters of our law favoured the legality of their claim; and one of them expressly lays down, " that the ministers even of "royal burghs, where any part of the parish lies in the country, have a right to a glebe "." These opinions are supported by several early judgments; and a later decision seems to have laid the matter at rest. By the early practice arable glebes were only awarded out of church lands: but some time afterwards, they were appointed to be given out of "whatever lands lay nearest to the parish church." This ordination was indeed reduced at the restoration; but another soon after made, is regarded as keeping the former still in force; and upon this the general practice is founded; many designations of glebes from temporal lands having already occurred, and the competency of doing so being never called in question. Even where there are church-lands in a parish, the minister's right to the grounds nearest the manse has been

* Act 1572, c. 48.

y Act 1606, c. 7.

z Ersk. B. II. tit. 10. § 59.

a Rough v, Ker, 22d Jan. 1631. Paterson v. Watson, 17th Dec. 1664.

b Fullerton v. Richmond, 17th Dec. 1779.

d Act 1663, c. 21.

Act 1644, c. 31.

• A soum of grass is as much ground as will pasture ten sheep or one cow.

so fully discussed and clearly ascertained, that the distinction between church and temporal lands in the designation of arable glebes has wholly vanished.-The burden of the glebe does not fall exclusively upon the individual from whose lands the four acres are taken; for he is entitled to a rateable pecuniary compensation from each heritor of the parish, according to his valued rent, under deduction of his own share. Though a minister be entitled to insist upon arable land, yet if ground only partially cultivated, be awarded, and no objection made on his part, the heritors are not allowed to object to the designation, provided the legal quantity be not exceeded. But where there is no arable land, or at least none fit for designation, the minister, as already observed, receives sixteen soums of grass in lieu of it: And as it is now fully settled, that arable glebes may be given, as well out of temporal as church-lands, so these grounds as a substitute for them, may be awarded from those lands nearest the church". In all these designations, there are excepted, "incorporate "acres," i. e. small portions of ground belonging to commu-nities of villages and towns; which must either have houses upon them or be occupied as gardens: and in place of these, ground near the church must be given either from temporal or church-landi. A great deal of dispute has arisen respecting these exceptions .—A minister cannot demand a new designation of a glebe which has been incorporated with his benefice, and where he has the legal quantity, either because the soil is bad, or that it is at too great a distance from the manse *. Where a glebe is below the legal standard, he has right to insist on its being raised to the legal measure': but he has no right to demand a new designation of the whole glebe".

e Fac. Coll. 11th June, 1799, Minister of Kingsbarns. Lamont v. Bennet, 15th July, 1636.

1663, c. 21.

h Act 1606, c. 7.

f Ib.

i Act

j Vide Stair, 25th Jan. 1665, Minister of Dysart v. Watson, * Forbes, 24th Dec.

and Fac. Coll. Heritors of Peebles v. Dalgliesh. 1709, Lining v. Baillie.

1 Minister of Lochmaben, Jan. 16, 1813.

Haddington, 25th May 1605, Nairn v. Tweedie, Forbes 24.

Besides the arable glebe of four acres of land, or sixteen soums of grass, every minister, except those of royal burghs without landward parishes, are entitled, in addition, to have grass for one horse and two cows ". This, which is denominated a grass glebe, is more limited than the arable. The two questions upon which this additional designation proceeds, are, whether the grounds to be awarded had ever belonged to the church, or whether they are in a state of pasturage. The first admits of little discussion, depending upon a matter of fact. The other has given rise to considerable altercation and various decisions. In one case, the judgment seemed to turn upon the point, that all lands were designable for a grass glebe, which had not been actually brought into a state of culture". In others, it seemed to be the prevailing opinion, that by arable was not meant what was capable of tillage, but what was constantly in use to be cultivated. But in another more recent case, ground was designed which had once been in a state of arable cultivation, although at the time, and for near 20 years before, it was in a state of pasturage; the designation was rejected'. The situation of the grass glebe must, according to the statute, be near the manse, In one case a designation was made adjoining the arable glebe, though it was proved that others appropriate to the purpose lay nearer the church. But where there are no lands fit for designation, "the heritors are to pay the minis"ter twenty pounds Scots (£1. 13s. 4d.) in place of the grass "for one horse and two cows "." A minister may either accept of the statutary allowance of £20 Scots for his grass, or get land set off for that use ". Though the pecuniary allowance had been received for double the period of the long pre

"Act 1563, c. 21.

S1st Jan. 1817, Wilson.

» Fountainhall, 31st Jan. 1712, Steel. 4 27th July 1748, Steel v. Dalrymple, Kilkerran. Fac. Coll. 18th May, 1809, Minister of Panbride v. Maule.

T Robertson v. Paton, 12th June, 1812.

Minister of Abdie, 6th March, 24th May, 1710. * Minister of Lochmaben, 31st Jan. 1712, Steel.

Act 1655, c. 21. "Act 1663, c. 21.

scription, yet as the rights of the benefice ought not to suffer by the impropriety of a present incumbent, it does not prevent a successor in office from obtaining a grass glebe". But where a minister has made an agreement with two heritors, accepting the allowance, which had been sanctioned by the presbytery, this will prevent all future claim, even by his successors in the benefice, to a grass glebe *. The pecuniary allowance in place of a grass glebe, cannot be increased ". It seems still matter of doubt, whether the £20 Scots can be claimed where there are no church-lands within the parish. The clause in the statute, "if there be no kirk-lands lying "near the minister's manse," admits a two-fold interpretation; and may either allude to the case, where there may be churchlands in a parish, but these at a distance from the manse, or where there are no church-lands within the parish. The possession of an arable glebe, larger than the statutory measure of four acres, does not cut off a claim to a grass glebe *. This is now fully determined. The relief in the case of grass glebes can only be obtained from proprietors of lands formerly belonging to the church: And the nearest posses sor of such lands is liable prima instantia, with relief to him from the other heritors of kirk-lands. In disputes respecting the order in which church-lands were liable to be designed, it has been determined, that the lands of abbots, priors, or bishops, must be taken before those of chaplains; and that

w Fac. Coll. 9th Feb. 1804, Lawrie v. Halket. Minister of Abdie ut supra. Affirmed on appeal, 6th July, 1814.

* Fac. Coll. 9th July, 1807, Minister of Dollar v. Duke of Argyle.

y Fac. Coll. Carfrae v. Heritors of Dunbar.

2 Feb. 8, 1734, Beatson v. Dallas.

a Fac. Coll. Dundas and others v. Somerville, 6th Dec. 1805; Bethune v. Small, 2d Feb. 1811.

Laidlaw v. Elliot, 2d Dec. 1800.

Fac. Coll. 12th Dec. 1755, Durie & Black v. Thomson. This judgment is in some degree hostile to the claim of a minister, where there are no churchlands, to the pecuniary allowance.