Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Bishop of Edinburgh
v.
Heritors of Braid

Date: 23 February 1669

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The Bishop, pursuing for four chalders of victual, as the valued tack-duty of the lands of Braid, conform to a decreet of plat, in anno 1631, at the instance of the Abbot of Holyroodhouse, whereby the stock and teind being jointly valued to be worth twenty chalders victual; and so, by the Act of Parliament, four chalders of victual, as being the fifth part, was the valued duty of the teind: It was alleged for the defenders, That, by that same decreet of plat produced, there was only decerned to be paid out of the lands of Braid thirty-two bolls victual, which they had been in use to pay to the minister; which being a standing decreet, and, by virtue thereof, the defenders having paid no more for all years since now by the space of thirty-six years, it ought not to be taken away summarily, but, by wray of reduction, to be intented before the Commissioners for the Valuation of Teinds.

The Lords of Session not being competent judges, this defence was repelled; and decreet given, finding that the valued duty of the teind was four chalders of victual as the fifth part of twenty: And the Lords found, That the decreet was extracted by an error in calculo; and so there needed no reduction: which is hard.

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