Scottish Court of Session Decisions

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.

The College of Glasgow
v.
Patrick Stuart

Date: 20 February 1633

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The College of Glasgow, having right to the teinds of the parish of Govan, and having recovered decreet conform in anno 1585, raised letters, and charged Mr Patrick Stuart for the rental bolls of the lands of Bashagrie, for the years 1629, 1630, and 1631. He suspended upon this reason, That he could not be subject in payment of the rental bolls; because, 30 or 40 years bygone, he was never in use of payment thereof, but only of a certain silver duty, sometimes more, sometimes less, according as the teinds were thought worth by estimation of men that valued them. Answered, He offered to prove that the College obtained sundry and divers decreets against the heritors and tenants of the same room, for payment of the same rental bolls charged for; and so the same teind bolls, being a constant rent and duty pertaining to the College once, and established in their persons, by divers decreets, as a part of the patrimony thereof, whatever duty hath been received since, by the masters of the teinds thereof, could not prejudge the body of the College of their patrimony for years to come, so established by sentences; but they may still, at their pleasure, have recourse to the bolls once paid. Answered, The chargers, having once passed from the payment of the bolls, cannot, after so long a disuetude, have recourse to them, especially where the suspender is content to give that which is naturally due, viz. the teind-sheaves. The Lords repelled the allegeance, in respect of the reply, without prejudice to the suspender, in time coming, to make offer of the teind-sheaves to the chargers.

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