Scottish Court of Session Decisions

Subject_1 TEINDS.

Garden of Lawton
v.
Minister of Barry

1737, June 15.
Case No. No. 6.

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The Lords adhered to their former interlocutor, finding that the petitioner's lands though a feu-holding of the Cistertian order were not teind free, (the interlocutor was repelling his defence founded on the charter.) There was no reasoning on the Bench. But Arniston and I, in private conversation afterward, agreed, that if they were free before the Reformation there is nothing since to make them liable, and it is no inconsiderable argument of the then opinion, that this charter before the Reformation disponed expressly the decimæ garbales, though by the constitutions of Pope Innocent III. and Adrian IV. neither they themselves had any privilege as to such lands, nor could they communicate it to their feuars. But what difficulted both was, that their lands had immemorially paid ten merks of teinds. But the general point is still undetermined.