Scottish Court of Session Decisions

Subject_1 PATRONAGE.

Duke of Montrose
v.
The Heritors of Strathbxain

1747, June 4.
Case No. No. 2.

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This parish was it seems a prebendary of the Provostry of Dumbarton, and the Provost had the patronage, and the patronage of the Provostry was in the family of Lennox, and was by King Charles II. given to the Dutchess of Lennox, in liferent, and to his natural son Charles Duke of Richmond in fee, which fee was afterwards purchased by Queen Anne, and from her by the Duke of Montrose; and stands infeft in the patronage of the Provostry and haill prebendaries and chaplainries thereto belonging. The Dutcheas appointed John Cunningham, of Enterkin her agent and Provost of the said Collegiate Church for life, and upon the act 1690 abolishing patronages, he charged the heritors,, and among others the last Duke of Montrose for payment of 600 merks, the statutory price of the patronage, who suspended, for that he himself had but a temporary right to the patronage, and that too from a liferentrix who was his own Patron, and neither the liferentrix nor fiar of that patronage was called or compearing. This question was compromised, and Enterkin got a decreet of consent, and bearing so, upon his granting a renunciation of the patronage of Strathblaia with absolute warrandice. This Duke of Montrose upon his foresaid infefiment pursues declarator of his right of patronage of Strathblaih, and reduction of the foresaid renunciation as granted a non kabente, and as a dilapidation by Enterkin without consent of his Patron, Alleged for the defenders, He was the only Patron at the time, and it was no dilapidation but a necessary act of administration to which he could have been compelled upon the statute. But we repelled the defence, and reduced, me tantum renit. 16th June, Refused a reclaiming bill without answers, 8 to 4.