Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Administrators of Heriot's Hospital v. Sir William Nicolson's Creditors
Date: 3 February 1693
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Thomas Fisher, treasurer, and the other administrators of Heriot's Hospital, against the creditors of Sir William Nicolson. The Lords found the old feu-duty of Freerton to the abbot and monks of Hollyrood-house was 12 merks yearly; and that Forrester of Corstorphen, their vassal, having acquired in the superiority of it from the Ballandens of Brughton, who were lords and titulars of the erection of that Abbacy, (and which Brughton was excepted out of the act of annexation of kirk-lands 1587,) he came to have right to his own feu-duty. But the tenth act 1633, having annexed the superiorities of all kirk-lands again to the Crown, and only declared, that the feu-duties should be redeemable from the lords of erection, at ten years' purchase; and the fourteenth act of that Parliament declaring, that where they have acquired in the property of these feus, they must pay the old feu-duty contained in the ancient infeftments; and that Brughton is not excepted in these acts, but only in the thirteenth act, anent regalities of erections; therefore they found, that Sir John Nicolson's taking the lands holden of the King in 1669 for payment only of a merk of feu-duty, could not prejudge Heriot's hospital of the old feu-duty of 12 merks yearly; and that Sir William Scott of Clerkinton's infeftment in 1634, bearing that duty, was not a mistake, but conform to the fourteenth act 1633; though Heriot's hospital's right was from the Earl of Roxburgh and the Baron of Brughton, who had disponed the superiority before; only the Lords found it re-annexed again by the Parliament 1633.
