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Scottish Court of Session Decisions >>
Scrogie, Bishop of Argyle v - [1676] 3 Brn 58 (00 February 1676)
URL: http://www.bailii.org/scot/cases/ScotCS/1676/Brn030058-0064.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
Scrogie, Bishop of Argyle v. -
1676.
February.
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The Lords found, in the case of Scrogie, Bishop of Argyle, that in transportation of ministers, it was not the date of the presentation or collation that made the kirk vacant from which he came, but his institution in the church to which he went: that being like seasine, that consummates the act, and puts him in possession, and is sometimes by the canonists called Beneficii Investitura; so that the institution stops the vacancy of the church ad quem, and, in lieu thereof, the vacancy of the church a quo takes its commencement, unless it be also filled and supplied ex incontinenti. And the legal term of payment of minister's stipend being, by the act of the General Assembly at Montrois, (see the copy of it beside me,) in 1585, at Michaelmas, quia tunc fruges (out of which the teind is due) sunt a solo separatæ, through all the kingdom, which is also followed in practice; then if a minister's institution or entry be any time before that term of Michaelmas, he gets the half of that year's stipend; the other half being either due for incumbency, or falling under the anne, or under vacancy, and so will be due to the Colleges, conform to the late act of Parliament in 1672. See also the act of the same Parliament 1672, anent the anne, and my observes on it.
Quæritur, If the glebe, as a part of the stipend, falls under the anne. Videtur quod sic, nam lex non distinguit. See Dynus Mugellanus, in commentario ad regulas 1 et 2, Juris Canonici, in 6 Decretalium.
