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Scottish Court of Session Decisions >>
Mr Robert Lindsay, Schoolmaster at Newburn, v The Patrons thereof. [1693] 4 Brn 81 (22 February 1693)
URL: http://www.bailii.org/scot/cases/ScotCS/1693/Brn040081-0190.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr Robert Lindsay, Schoolmaster at Newburn, v. The Patrons thereof
Date: 22 February 1693
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The Lords found his deprivation, not being by the legal minister and elders, unwarrantable; and sustained his reposition to this place, by the present presbyterian minister and elders: all of them had only one vote; else, by creating ten or twelve elders, they may soon out-vote the heritors in every case: and thought, albeit the patrons, by virtue of the mortification, had the sole power of putting in and out the schoolmaster, and that he, by his accepted call, was only presented for a year, and longer, if the patrons pleased, yet this arbitrium et beneplacitum was not despoticum, but rationale, so as they could not remove him without some plausible ground.
