Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
The Town of Edinburgh and the College v. Sir Donald Bayn of Tulloch
Date: 20 January 1694
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Mr John Bayn of Pitcairly having mortified two burseries to Edinburgh College, at £10 sterling each, whereof several years having run up in Sir Donald's hand unpaid,—the question was, Whether these bygone arrears should be added to make the pension of the two bursers greater;—or if it was not fitter to make it a mortified stock and fund, whereon to erect a third burser, at £7 or £8 sterling per annum, seeing it would extend to that sum. And, though the Lords inclined to this last, yet, by a vote, they left the application of these arrears to the Masters of the College of Edinburgh, if so be the mortification bore, (which was not in the clerk's hands,) that it was made payable to the Town or College for the use of the bursers; but, if it bore only to be for the bursers' use, the Lords declared they would apply it themselves. Another question was started: that Sir Donald undoubtedly ought to have the presentation and patronage of these bursers; because Mr John Bayn, by a paper, left the nomination of those who should be patrons to Sir John Nisbet of Dirleton and Sir William Bruce; and they most partially filled up their own names therein; which could not be the defunct's meaning, else he would have named them: likeas it was on death-bed, and filled up after his decease. There was a former interlocutor sustaining their taking the patronage to themselves; but the Lords were desired to reconsider and review it.
