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Scottish Court of Session Decisions >>
The College of Glasgow v James Wilson and Lindsay of Mains. [1694] 4 Brn 143 (6 February 1694)
URL: http://www.bailii.org/scot/cases/ScotCS/1694/Brn040143-0324.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The College of Glasgow v. James Wilson and Lindsay of Mains
Date: 6 February 1694
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In the competition between the College of Glasgow, and Mr James Wilson, minister, and Lindsay of Mains, about the vacant stipend, the Lords found the Bishop's presenting, as patron, made it a patronate, but not a patrimonial mensal kirk, to fall under the exception of the Act of Parliament 1685, anent the disposal of vacant stipends to the Universities: but found the vacancy occasioned by the rabble's thrusting out ministers was casus incogitatus, and not foreseen or meant by the said Act of Parliament; and therefore that such vacancies did not belong to the College of Glasgow; and that Mr Wilson, proving he served at that kirk after the 13th of April 1689, (which was the date of the proclamation of the meeting of Estates,) he had right to that half year's stipend.
