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Scottish Court of Session Decisions
You are here: BAILII >> Databases >> Scottish Court of Session Decisions >> The King's Trumpeters v The Bishop of Caithness. [1681] 2 Brn 279 (8 June 1681)
URL: http://www.bailii.org/scot/cases/ScotCS/1681/Brn020279-0560.html
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Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JAMES DALRYMPLE OF STAIR.
Date: The King's Trumpeters
v.
The Bishop of Caithness
8 June 1681 Click here to view a pdf copy of this documet : PDF Copy
Ferguson and others, having a gift, from the King, of being his Majesty's trumpeters, and all emoluments thereto belonging; having obtained general letters thereupon, they charge the Bishop of Caithness to pay 100 merks, as being the due and accustomed allowance to the trumpeters for every Lord and Bishop at their obtaining of their dignity to be Lords of Parliament.
The suspender alleged, That, albeit some of the bishops, by way of gratification, might have given the King's trumpeters what they thought fit at their entry; it cannot induce a burden upon the Order, nothing such being imposed by law or custom. For, albeit there be an Act of Parliament of the dues payable to the Lyon, by all temporal lords, at their erection; yet that Act mentions nothing of the bishops, being but for life, nor any thing of the trumpeters.
It was answered, That the dues of all offices of the kingdom are only by
their gifts in general, with all emoluments; which are ever sustained as the emoluments are proven to be accustomed; and the Act of Parliament anent the Lyon is not exclusive or prejudicial to the trumpeters more than to other offices. The Lords found, That, if the payments made by the bishops were not ordinary and uniform, as a fixed due of 100 merks, they were not liable; but, if it was a constant fixed duty, paid by all the bishops at their entry, and not by some more and some less, they sustained the libel, if it were so condescended, and allowed the pursuers warrant and diligence to adduce all evidents and adminicles thereanent.
Vol. II, Page 872.
The electronic version of the text was provided by the Scottish Council of Law Reporting