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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The Convent of St. Andrew's v The Bishop. [1565] 1 Brn 117 (29 January 1565)
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION reported by SIR ROBERT SPOTISWOODE OF PENTLAND.
Subject_2 Such of the following Decision as are of a Date prior to about the year 1620, must have been taken by Spotiswoode from some of the more early Reporters. The Cases which immediately follow have no Date affixed to them by Spotiswoode.
Date: The Convent of St Andrew's
v.
The Bishop
29 January 1565 Click here to view a pdf copy of this documet : PDF Copy
The Bishop of St Andrew's alleging the profit of the priory thereof to belong to him by the Prior of St Andrew's, his being at the horn year and day; made arrestment of the whole farms and duties of the priory. This arrestment was sought to be loosed at the convent's instance, who alleged that the bishop could not, by virtue of his regality, arrest the profits of the said priory, nor intromit therewith as escheat, for any fault done by the prior, without the said convent had consented, and had been partakers thereof; for all the lands and teinds, &c. doted to their place, were given for the upholding of the place and convent serving God therein, and nothing given to the prior in particular, who was but a minister and officer to them. The Lords found this allegeance relevant, and assoilyied them.
Page 101.
The electronic version of the text was provided by the Scottish Council of Law Reporting