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[1695] 4 Brn 255      

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

Mr William Carstairs, the King's Chaplain,
v.
Mr John Fraser, Minister at Glencorse

Date: 25 January 1695

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Crocerig reported Mr William Carstairs, the king's chaplain, against Mr John Fraser, minister at Glencorse, about 140 merks, as the prebendary-fee due to an organist of the chapel-royal. Mr William claimed it as part of the emoluments of that chapel, gifted to him by the king. Mr John sought it as annexed to his stipend in 1649.

The possession being unclear, the Lords granted a conjunct probation, to either party, to prove who possessed it before the year 1637,—the bishops beingrestored, by the Act of Parliament 1662, to all they were in possession of in 1637; and how it has been possessed since the restitution of episcopacy in 1662.

Vol. I. Page 663.

The electronic version of the text was provided by the Scottish Council of Law Reporting     


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URL: http://www.bailii.org/scot/cases/ScotCS/1695/Brn040255-0570.html