The Provost of Queen's College v. The Laird of Buccleugh
Date: 25 May 1542 Case No. No 4.
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All prelatis within this realme may set in tak and assedatioun thair teindis, or ony uther propertie, or part and patrimonie of thair prelacie, with consent of thair cheptour, for all the dayis and space of ninetene zeiris, and thair successouris ar bund and oblist to warrand the samin.
Fol. Dic. v. 1. p. 529. Balfour, (Assedation.) No 21. p. 204.*** Sinclair reports this case:
The Lords absolved the Laird of Buccleugh from the summons intented against him by the Provost of the Queen's College anent the reduction of his 19 years' tack of The kirk of ————, set to him by the Provost's predecessor, Mr Robert Erskine, because the reason of the summons was not relevant nor sufficient to reduce the tack, viz. that the said tack was set within the half of the just avail of the kirks fruits, which cause of the practice of Scotland has no place, ut de jure communi L. 27. De rescindenda venditione; and lately in the reduction of 19 years tacks of certain teinds and lands of Pitlochie, of the moved by the commendator of the priory against Sir William Ramsay, tacksman thereof, the same reason was repelled by the Lords; for, in all tacks and feus of teinds or lands temporal or ecclesiastical, it is required allenarly to the effect that the alienation or tack be of strength, that the said rental thereof be not diminished, how little ever it be eiked, albeit the lands or teinds be worth ten times more than they gave. 2do, The Lords repelled the reason of the said Provost, alleging that his predecessor might not set for 19 years etiam cum consensu capituli, since the property of the provostry pertained thereto, and no ways to the prebendary and chapter, because De consuetudine regni prelatus quicunque secularis vel religiosus cum consensu capituli assedare potest proprietatem suæ dignitatis et prelaturæ pro tanto spatio etiam irrevocabiliter quo predecessores.
