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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> CHURCH-YARD [1600] 5 Brn 414 (00 January 1600) URL: http://www.bailii.org/scot/cases/ScotCS/1600/Brn050414-0373.html Cite as: [1600] 5 Brn 414 |
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Brn 414
Subject_1 DECISIONS OF THE LORDS OF COUNSEL AND SESSION, REPORTED BY ALEXANDER TAIT, CLERK OF SESSION, ONE OF THE REPORTERS FOR THE FACULTY.
Subject_2 CHURCH-YARD.
v.
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Sir George Mackenzie, in his Observations, p. 293, states this doubt:—“Quer. To whom a coal found in a church-yard, or trees growing there, will belong ;—whether to the heritors, the poor, the patron, or the minister?”
Forbes says, the minister has right to shear the grass in the church-yard, but not to cut the trees. Inst. p. 86. On Tithes, p. 214, 215.
As to the custom and use of planting trees in church-yards, see Barrington on the Statutes, p. 150.
As to the law of England concerning trees in church-yards, see Neilson's Rights of the Clergy, p. 173.
It is said, that there is a decision of the Court of Session, finding that the tree in a churchyard belongs to the heritors. But I cannot find any such collected.
In the Gray Friars, the trees serve for marks to direct the grave-diggers in opening the graves by proper rotation.
The electronic version of the text was provided by the Scottish Council of Law Reporting
