Found that temple lands are not church lands, nor annexed to the Crown by the general act of annexation.
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Robert Ross of Auchlossan, as infeft in the barony of Drem by the Earl of Haddington, pursues sundry vassals of the temple-lands thereof, both in a reduction and improbation and for declarator of non-entry. Alleged, These temple-lands, being of the nature of kirk-lands, they are annexed with the rest to the Crown by the 29th act, 1587, and so the King being their superior, there can be no process either for non-entry or reduction at Auchlossan's instance. Answered, Temple-lands are altogether different in their nature and original from kirk-lands, for they belonged to a military order of knights crected for war, and they behoved to be gentlemen by name and arms, of a noble progeny, and lawfully begotten within the kingdom, and who were fit to carry arms; and it was conferred by the master of the order with consent of his knights; templars, pleno jure, and as having omnimodam potestatem donandi, &c. 2do, The preceptor of the order sate inter proceres regni in Parliament, and not amongst the ecclesiastics. 3tio, It was supprest long before the other kirk-lands, and resigned ad perpetuam remanentiam by Sir James Sandilands of Torphichen, the last preceptor, in Queen Mary's hands. Replied, They were under the same vow of chastity with other clergymen, and were erected to defend the Christian religion against the Turks and other infidels. The lords demurred, and superseded to give answer till the next Session, though it is generally held not to be kirk-lands.
The vassals of the temple-lands farther urged, that they were kirk-lands, for they were granted to support and protect the popish religion, and their pilgrims, and were sworn to it; and by the abolition of popery, must now belong to the King; And Stair, book 4. tit. 24, ranks them with other kirk-lands; and Pope Adrian IV. exeemed their lands from payment of teinds. Yet vid. supra, 12th February 1698, Duncan, No 21. p. 5140, voce Glebe. At last the Lords found, that temple-lands were not kirk-lands, nor annexed to the Crown.
Fol. Dic. v. 1. p. 531. Fountainhall, v. 2. p. 94.
