Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.

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Title: Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions.
Author: Nisbet, John, Sir, 1609?-1687.
Publication: Edinburgh :: Printed by George Mosman ...,; 1698.
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Subject terms: Law -- Scotland.; Law reports, digests, etc. -- Scotland.
Cite this Item: "Some doubts & questions, in the law, especially of Scotland as also, some decisions of the lords of Council and Sessions / collected & observed by Sir John Nisbet of Dirleton ... ; to which is added, an index, for finding the principal matters in the said decisions." In the digital collection Early English Books Online 2. https://name.umdl.umich.edu/A52358.0001.001. University of Michigan Library Digital Collections. Accessed May 18, 2024.

Pages

D. 229. The Minister of Tulliallane contra Colvill of Larg and Kincardne. 28. January 1675.

IT was Found by the Lords Commissioners for Teinds, That the Here∣tors of Lands, having Right cum decimis inclusis were not lyable to the Augmentations of Ministers Stipends; and that no Locality could be gi∣ven out of their Teinds, the saids Infeftments being before the Year 1587. And that the Feu-duty payable to Church-men for Stock and Teind in Victual, was not lyable thereto; because the Teinds not being separate from the Stock, and the Heretors having Right to the Lands free of Teinds, in effect there were not decimae: And by the Acts of Parliament, and the Kings Decreet Arbitral, Teinds are lyable to Ministers Feu-du∣ties, in consideration that the Lords of Erection and Titulars, had Right thereto from the King since the Act of Annexation: And that the King, who might have questioned their Rights, was pleased by the said Acts of Parliament, and Decreet Arbitral, to affect them with the burden of Ministers Stipends; whereas such Rights cum decimis, were granted by Church-men, and did not flow from the King, but from them, at such time as by the Law then standing, they might have granted the same.