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Scottish Court of Session Decisions >>
His Parishioners v Rev. Archibald Mackinla. [1671] 2 Brn 528 (23 February 1671)
URL: http://www.bailii.org/scot/cases/ScotCS/1671/Brn020528-0896.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
His Parishioners v. Rev Archibald Mackinla.
Date: 23 February 1671
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One Mr. Archibald Mackinla being pursued by his parishioners upon the act of Parliament, ordaining the parish to make the minister's manse sufficient to him at his entry, but appointing the incumbent to keep it up on his own charges and to leave it in as good condition as when he found it, and in case he neglect, ordaining action to be sustained against him, his heirs or executors, for refunding the damage, which, upon visitation, it shall be found to have received during his incumbency; Parl. 1612, cap. 8, ibique Paponius; act 20, anno 1663: but they subsumed he had deteriorated the said manse in the sum of 300 merks, which was made appear by cognition taken of it both at his entry and at his departure, finding it damnified in the said sum: item they pursued him both to pay them this 300 merks, as also to restore them their mortcloth which he had taken away with him at his departure. Answered,—They were only disaffected persons, he being a loyal conformist minister.
The Lord Advocate found the summons relevant, only in case they succumbed in the probation that they deserved a very sharp censure.
