In January 1769, the parish of Erskine, in the presbytery of Paisley became vacant, by the death of the Reverend Mr James Lundie. Mr. David Erskine alleged to have acquired the right to the patronage from Lord Blantyre, the patron of the parish, who was in Italy by the time the vacancy occurred. The Presbytery took some procedure in the church courts and appointed someone for the position, but it was not accepted. The Presbytery then brought a declaratory action to review and declare that the right had fallen to them. The defender invoked cannon law to claim that the Presbytery right was proscribed after the six months.

Published Reports

William Morison, The Decisions of the Court of Session (1811), pg. 9966
Sir David Dalyrymple of Hailes, Decisions of the Lords of Council and Session, from 1766 to 1791 (1826), pg. 366