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Scottish Court of Session Decisions >>
The Reverend John Birny v The Heritors of Carlaverock. [1680] 3 Brn 336 (13 February 1680)
URL: http://www.bailii.org/scot/cases/ScotCS/1680/Brn030336-0445.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
The Reverend John Birny v. The Heritors of Carlaverock
Date: 13 February 1680
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Mr John Birny, minister at Carlaverock, amongst other vicarage-teinds, craves likewise the teind of a weaver's loom, in respect of the custom in that parish of paying teind ex isto textrince artificio; as also, he craved the vicarage of the salt gained at the sea-side, made and cast up by the sun; nam decimæ minores sunt locales.
The Lords found these due, in respect of the probation of the forty years' possession by him and his predecessors, ministers at that church, though he was competently provided without this. See 21st June 1649, Charles Lumsden, Minister at Duddingston, claiming the teind of tobacco which once grew there: as also, for thir unusual teinds, elegant decisions in Basnage's Comment, on the reformed Customs of Normandy, p. 22.
