In a removing from lands designed as a glebe, the defence, that there was land within the precincts of an abbey, nearer than the land designed, was repelled, because the abbey was annexed to the Crown, and the lands unparked and not tilled.
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In a suspension of charges for removing from a minister's glebe, upon a reason that there was as much land as would extend to four acres nearest to the manse, and nearer than the land designed, which was condescended to be of the lands within the precinct of the abbacy, and which the suspender-alleged ought to be designed, conform to the act of Parliament anno 1572, the same being arable land; this reason was not sustained, because that land within the precinct condescended upon in the said reason, was parked in within the precinct, which now was become the King's Park, the Abbacy being annexed to the Crown, and the said precinct kept for the Kind's Park, and that land never being laboured nor tilled of before. Neither was it respected that the suspender alleged that the same might be tilled, and was commodious for that use, and that the minister had his manse within the precinct, which ought to draw with it the glebe thither also, where there was the conveniency of a glebe; which was not respected.
Act. M'Gill.Alt. Stuart.Clerk, Gibson.
Fol. Dic. v. 1. p. 351. Durie, p. 425.
