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Scottish Court of Session Decisions >>
Debates before the Commission for Plantation of Kirks. [1681] 3 Brn 398 (25 February 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn030398-0557.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Debates before the Commission for Plantation of Kirks
Date: 25 February 1681
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At the Commission for Plantation of Kirks, it was debated, 1mo, If they could grant protection to witnesses under caption to come and depone, seeing, in the Act 1663, Against Protections, that court is not mentioned. Yet I think they may, for they are a sovereign court, and a committee of Parliament, and it is inherent in every judicatory to have a power to explicate their own jurisdiction, and make it effectual.—2do, It was debated,—seeing the Act 1672 requires two officers of state, two prelates, two barons, &c. to be a quorum,—if there be three officers of state present, and but one baron, if one of the officers of state may be computed a baron, (being likewise of that rank and degree, though not so named in the Act of Parliament,) to make up and supply a quorum.—3tio, A disposition to lands and teinds has been sustained in that court as sufficient to pursue a valuation of teinds, they producing a seasine cum processu. But I speaking with the King's advocate anent this custom, he condemned it as illegal, seeing a real right should be produced in initio, ad fundandam litem for valuing of teinds.
