Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR GEORGE AUCHINLECK OF BALMANNO.
Subject_2 The following CASE, and those in the preceding pages, marked as taken from 2d MS. are not found in the MS. followed by Mr Morison, while printing in his Dictionary the Cases from Auchinleck referred to in the Folio Dictionary by Lord Kames.

Mr Walter Whytford
v.
Sir James Kneiland

Date: 9 March 1630

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Mr Walter Whytford, being presented, by the king, to the subdeanery of Glasgow, craves letters conform to his presentation and collation. Compears Sir James Kneiland, and alleges, That he was infeft by the king in the patronages of the kirks of Monckland and Calder, upon the resignation of the Earl of Haddington, anno 1604, and, by virtue thereof, in possession, by presenting of one Rowat to the kirk of Calder; which infeftment, granted to the said Earl of Haddington, his author, was ratified by the subsequent consent of Mr Patrick Walkenshaw, then sub-dean of Glasgow; and so, by virtue of the Act of Parliament, made in anno 1593, he had undoubted right to the patronage of the two kirks; and, howsoever letters conform might be granted to the rest of the subdeanery, yet the said letters could not be extended, in favours of Mr Walter Whytford, to the fruits and rents of the said two kirks of Monckland and Calder, but the fruits thereof behoved to remain and pertain to the persons that should be presented by the said Sir James's undoubted patronage thereof, by his infeftment. To the which it was replied, That the said two kirks, being a part of the sub-deanery, could not be dismembered from the same, but upon resignation of the sub-dean; and his subsequent consent was not sufficient, in a formal manner, to dismember the said benefice, when the same did not vaik; and so the pursuer might have letters conform. In respect of the which reply, the Lords repelled the exception.

2d MS. Page 128.