Grants from the Crown. - Annexed Property. - Power of granting Jurisdictions. - Power of Revocation.
Master of Rothes v. The Abbot of St Colme
Date: 20 January 1602 Case No. No 10.
A new regality, neither granted nor ratified in Parliament, found to be no regality, in terms of act 43d Parl. 1455.
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The Master of Rothes, as Sheriff of Fife, pursued a malefactor in the Sheriff-court; the matter is sought to be advocate by the Abbot of St Colme, and to be remitted to him in respect of his regality. For instructing of his interest, he produced the gift of the said Abbacy disponed to him by his Highness upon his father's demission cum privilegio regalitatis solito et consuet. It was alleged, That the gift and provision would make him no right of regality, because it was provided by act of Parliament, that no gift of regality should be disponed but by advice of the estates of Parliament, which was not in this case. 2do, This regality was given in the King's minority, and so was null and revoked. 3tio, Where it was relative to the former regality, competent to the said Abbacy, that could work nothing, unless it were verified and shewn, by an express authentic instrument, or act of adjournal, that the said Abbacy had express regality disponed by charter to them of old, as the regality had been lawfully authorised by act of adjournal. Which allegeance was found relevant; and that a new regality relative to an old, could not subsist unless either the one charter were produced, or an act of adjournal made of old authorising the said old regality.
