Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
John Ewart of Mullock v. Simeon Cooper, Minister of Kirkcudbright
Date: 30 July 1679
Click here to view a pdf copy of this documet : PDF Copy
In a bill of suspension, presented by John Ewart of Mullock, against Mr Simeon Cooper, minister of Kirkcudbright, for his stipend, upon this reason, That his teind was by law exemed and privileged, and not liable in payment of ministers' stipends, or any other burdens, because he held his lands of the abbacy of Holyrood-house, cum decimis garbalibus inclusis; et decimæ inclusæ were free by law:
Answered, for the minister,—That decimæ garbales inclusæ were only the decimæ minores, the vicarage; and the minister charged for the parsonage.
Replied,—It was a great error to interpret garbales the vicarage; and which was sufficiently confuted from Craig's authority; and Skeen, de Verb. Signif. voce Garba Sagittarum, tells it signifies a sheaf; and in the same sense it is taken by Guillim and other heralds, in their books of heraldry, where they speak of the bearing of gerbes; and herba, in Latin, comprehends corns as well as herbs; and so in the Italian language: and, in our style, parsonage teinds are more frequently expressed by garbales, than either by decimæ rectoriæ or decimal prædiales majores.
This being reported to the Lords, they found garbales signified parsonage teinds.
Thereafter it was answered, for the minister,—That Ewart had been in use of payment forth of these teinds; ergo, they were not exemed; and triennalis possessor non tenetur docere de titulo in beneficialibus.
Replied,—Any such voluntary erroneous payment could not bind him to payment pro futuro, especially where we condescend upon his title that it is invalidus et vitiosus. The last point was taken to interlocutor.
