Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.

Mr Hary Scrymgeour, Parson of Dundee,
v.
Dr Weymes

1694. January 10and July 24.

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January 10.—Arniston reported Mr Hary Scrymgeour, parson of Dundee, and Dr Weymes, lately principal of St. Andrew's, competing for the stipend of the first minister of Dundee, which Mr Hary claimed, as still minister there. And the Lords thought the church not vacant, though he had desisted to preach, seeing he was neither deprived by the council, nor any church judicature: but, in regard it was alleged, that titubavit de jure suo, in so far as he had taken a gift of this stipend from the privy-council, as vacant, and he alleged it was only to prevent the application of others, who were seeking it, and would have put him to some trouble, the Lords ordained that act to be produced.

Vol. I. Page 590.

July 24.—In the competition for the stipend of Dundee, betwixt Mr Hary Scrymgeour, late parson thereof, and Dr Wemyss, late of St. Andrew's, for crop 1692, mentioned 10th January 1694; the Lords preferred Mr Harry, because it does not appear the said church was then vacant, either by demission or deprivation; and so was not at the privy-council's disposal, by their act to Dr Wemyss.

Vol. I. Page 637.