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In the reduction and improbation at the instance of the Earl of Dunfermline, as come in place of the prior of Pluscardin, against the vassals of the priory,
Alleged for the defenders; By the annexation 1633, the superiority of all kirk-lands, as well those erected before the annexation 1587, as thereafter, are annexed to the Crown, whereby the defenders became truly vassals to the King, and the Lords of erection have only right to the feu-duties till redemption, and so the defenders need not produce their rights to the pursuer.
Answered for the pursuer; The priority of Pluscardin is excepted in the annexation 1587, and erected in favours of the pursuer's predecessors; and it is not expressly comprehended in the annexation 1633; 2. The act 53d Parl. 1661. declares all persons who consented to be vassals to the Lords of Erection, excluded from the benefit to hold of the King; and ita est, the defender's predecessors gave such a consent to the pursuer's predecessors.
Replied for the defenders; The act 1633 annexes all without distinction, and so includes the priory of Pluscardin; 2. The consent mentioned in the act 1661, is a consent since the act 1633, and the consent founded on by the pursuer is in anno 1612, long before the 1633.
“The Lords sustained the allegeance made for the defenders.”
Fol. Dic. v. 1. p. 531. Harcarse, (Superiority.) No 942. p. 265.
