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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Patrick Lindsay v The Minister of Brichen. [1627] 1 Brn 46 (26 June 1627) URL: http://www.bailii.org/scot/cases/ScotCS/1627/Brn010046-0091.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.
Date: Patrick Lindsay
v.
The Minister of Brichen
26 June 1627 Click here to view a pdf copy of this documet : PDF Copy
In a suspension betwixt Mr Patrick Lindsay and the Minister of Brichen, who charged the suspender for payment of £22, as for the third of the treasury of Brichen, to which benefice the said Mr Patrick was provided; and who suspended upon this reason, viz. that Chapters are restored, by the Acts of Parliament I617 and 1621, to all their rents; and so it is, that this benefice of the treasury is one of the chapter-dignities of the bishoprick of Brichen, and so ought not to pay any of the stipend to the minister of Brichen, but should be paid by the bishop;—this reason was rejected, and the minister's decreet and charges thereon sustained, notwithstanding of the Acts restoring the chapters; which Acts were found, as the words thereof bear that the said restitutions were made in favours of ministers who should be provided to any of the said chapter-benefices and rents, and this suspender was not a minister, and therefore the Acts could not militate for him.
Act. Aiton. Alt. Mowat. Gibson, Clerk. Page 300.
The electronic version of the text was provided by the Scottish Council of Law Reporting
