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Scottish Court of Session Decisions |
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You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> David Kennedy, Minister, v The Bishop of Orkney. [1668] 1 Brn 569 (1 July 1668) URL: http://www.bailii.org/scot/cases/ScotCS/1668/Brn010569-1446.html |
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.
Date: David Kennedy, Minister,
v.
The Bishop of Orkney
1 July 1668 Click here to view a pdf copy of this documet : PDF Copy
Mr David Kennedy, minister at Birsay and Hara, in Orkney, having charged the bishop's factors for £120, as due to him out of the bishopric yearly, whereof the ministers had been in possession since the year 1637; and having produced letters of horning upon an assignation made to him by the books of assumption the letters were suspended, notwithstanding; because any payment, during the suppression of bishops, was not respected;—they being reponed, by the late Act of Parliament, to their whole benefices, as they were before the year 1637: and letters of horning, raised before that time, were not found sufficient to prove possession; specially considering, that, by overtures of agreement in anno 1615, betwixt the King and the then bishop, whereby a division was made of Orkney, these kirks were provided to a stipend out of the lands of the earldom of Orkney,
wherewith all the ministers had rested satisfied, and had accepted thereof: so that the charger ought to prove payment by the bishop, or decreets gotten against him; without which the Lords would not burden the bishop. Page 7.
The electronic version of the text was provided by the Scottish Council of Law Reporting
