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Scottish Court of Session Decisions >>
Mr John Nicolson v Porteous. [1622] Mor 5136 (28 June 1622)
URL: http://www.bailii.org/scot/cases/ScotCS/1622/Mor1205136-012.html Cite as:
[1622] Mor 5136
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Glebe may not be designed out of the Bishop's lands where there are Abbot's lands.
Fol. Dic. v. 1. p. 351. Kerse, MS. fol. 9.*** Nicolson reports the same case:
Bishops lands, albeit most ewest to the manse, may not be designed where there are abbot lands in the parish, albeit they have been possessed by ministers, and be environed with the manse and glebe. The designation ought to have been made furth of the abbot's lands before the bishop's lands, and so furth of Pittendreich, Midmilnes, and Spout, quhilk held of Halyrudhouse conform the act 1593. Alleged, Be act 1572, glebes are ordained to be designed out of kirk-lands most ewest to the manse, and the lands designed are kirk-lands and most ewest to the manse. Replied, The act 1572 is only made for glebes where there are parson's and vicar's lands within the paroch; and, in this paroch, there are no parson nor vicar lands, and so the Abbot lands should have been designed before the Bishop's lands. Find the reason and reply relevant. Furder alleged, That the lands designed have been bruiked by the ministers, and are environed ex omni parte be the manse and old glebe, and must be presumed to be parson or vicar lands. Replyed, Oppones the act 1593, and the presumptions are not relevant, except it were alleged that the Archbishop of St Andrews was parson of the said kirk the years of God 1572 and 1573; and this kirk has been these many years a severall benefice, and pertaines to the deanry of Restalrig, sua that the Bishop of St Andrews cannot be parson thereof. Repel the allegeance in respect of the reply, because the kirk of Leswade pertaines to the deanry of Restalrig, and the deans have been in possession thereof as part of the patrimony of the deanry.
