Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 WINTER SESSION. - Anni 1973.
The Bishop of Edinburgh v. Sir A Cockburne of Langton.
1676.
February.
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Quæritur, If the patron of a kirk, to impede the jus devolutum to the king or bishop, present before the elapsing of the first six months after the vacancy, one that either embraces not or is not received by the bishop, and thereafter lets it lie over till near the end of the other six months, and siclike presents a person either unwilling to come, or not qualified; he seems fraudulently to shift and tergiverse, and to present only to save his right, and will not hinder the jus devolutum any longer; and the church ought not to stand unprovided at his pleasure, but a certain time may be limited to him within which he must effectually present, otherwise omit it pro hac vice. This was contended by the Bishop of Edinburgh in Sir A. Cockburne of Langton's case, who kept his kirk vacant by the space of two or three years, by the aforementioned artifice, because he could not get an indulged minister; at last he was forced to accept of a conformist. See Gudelinus, de Jure Novissimo, libro 6 to seu ult. cap. 8vo, ubi tractat de Jure Patronatus, pag. 340. See act 115, Parliament 1592.
If the bishop present not within six months, either in his proper patronage, or where the right devolves, then some affirm he omits it pro ista vice, and it transmits to his superior archbishop, and he neglecting, to the king.
