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Mr William Duncan v The Parishioners of Kilpatrick-Easter. [1698] Mor 5140 (12 February 1698)
URL: http://www.bailii.org/scot/cases/ScotCS/1698/Mor1205140-021.html Cite as:
[1698] Mor 5140
Mr William Duncan v. The Parishioners of Kilpatrick-Easter
Date: 12 February 1698 Case No. No 21.
A glebe cannot be designed out of temple lands.
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In a pursuit by Mr William Duncan against the parishioners of Kilpatrick-Easter, for making up the minister's glebe, and L. 20 yearly for his grass; the question arose, if temple-lands were kirk-lands in the sense of the act of Parliament, so as to bear a proportional burden with bishop's, parson's, and abbot's lands; and the Lords remembered it had been several times decided they were not, being given to the Knights for defending the Temple of Jerusalem at first, and then Rhodes and Malta, and were secular lands. And I find it so decided in the Parliament of Paris in Antonius Bengæus, and Francis Pinzonius, their tractates de beneficiis ecclasiasticis.
Fol. Dic. v. 1. p. 352. Fountainhall, v. 1. p. 824.
