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Scottish Court of Session Decisions >>
Melvil v - . [1591] Mor 7939 (#date 1591)
URL: http://www.bailii.org/scot/cases/ScotCS/1591/Mor1907939-013.html Cite as:
[1591] Mor 7939
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Mr Wllliam Melvil commendator of Tungland, being provided to the abbacy of Kilwinning, after the slaughter of the commendator thereof, his right was questioned as null of itself, per regalum 28 cancellariæ, de veri-simili notitia: Num beneficium vacare debet antequam alio detur; et tantum temporis post vacationem effluere debet, quantum sufficiat illum ad notitiam summi pontificis pervenire; but so it was, that his provision was dated 1st August, on which day at five o'clock in the afternoon his predecessor was slain, ita ut veri-similiter ejus notitia ad principem tam cito pervenire non potuerat. Answered, That that rule and law of the Pope did not oblige the King's subjects, the Pope's jurisdiction being abrogated. The Lords found, that the rule de verisimili notitia should have place, not for the authors of the law, sed propter rationem legis, quæ est anima legis, viz. ne detur occasio captandi mortem alterius.
