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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> Mr Patrick Swintoun v The Bishop of Edinburgh. [1669] 1 Brn 584 (12 June 1669) URL: http://www.bailii.org/scot/cases/ScotCS/1669/Brn010584-1479.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: Mr Patrick Swintoun
v.
The Bishop of Edinburgh
12 June 1669 Click here to view a pdf copy of this documet : PDF Copy
The said Mr Patrick Swintoun charging the tenants of the parish of Corsemichell for some bygone stipend, conform to a decreet of locality in anno 1649; compearance was made for the Bishop of Edinburgh, who craved, that, by virtue of the Act of Parliament restoring bishops, he should be preferred to all the teinds which exceeded the minister's stipend, as it was settled before the year of God 1637.
It was alleged for the minister, That, since the late Act of Parliament, restoring bishops to their benefices, as they were before the year 1637, the Bishop of Edinburgh had given him a presentation to the kirk, and the modified stipend and locality thereof; which must be interpreted of the decreet of plat, in anno 1649; there never having been any decreet of locality before that time.
The Lords, notwithstanding, preferred the Bishop; and found, That the presentation not expressing any modification or locality, in anno 1649, but being only in general, could not be interpreted otherwise but of such a modification and locality as was due by law before the year 1637. Which may be thought hard.
Page 50.
The electronic version of the text was provided by the Scottish Council of Law Reporting
