The Parochial Ecclesiastical Law of Scotland

The Parochial Ecclesiastical Law of Scotland

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1903 edition. Excerpt: ...the parish, he was found entitled to the benefit of the Act 1663, c. 21, on the ground that it applied to the manses of all ministers serving the cure, without distinction. that "the manses and glebes of ministers are more allodial " than feudal, having no express holding or rcddcndo " (g). In support of this doctrine he cites the old case of Fletcher v. Irvine (Ii). Here, in a declarator of the Crown's donator of the liferent escheat of the parish minister (who was a rebel), the Bishop of St. Andrews pleaded that it belonged to him, in respect that the land on which the manse was built, and where the minister resided, lay within the regality of St. Andrews, and so held of him as superior. The Court, how (a) Stair, ii. 3, 40. thereof, being year and day at the (b) Immediately after the word horn. " except" there occurs, in the first (d) Professor More's Notes do not edition of Lord's work, these throw any light on this point. words, " the benefices of bishops, (e) Ersk. il. 3, 8. " deans, and chapters." (f) Bank. ii. 8, 127. (c) By the Act 1572, c. 49, posses-(g) Forbes, Tithes, p. 201. sors of benefices and other eeclesi-(It) 1628, LI. 3633. astical rents tyned their liferent ever, held that manses pertaining to ministers, being given to them by laws and Acts of Parliament, ceased to be of any private holding, and could have acknowledgment of no superior but the King. On this principle the Crown's donator was preferred. SECTION X.--W/Lat Parish Mimsters are entitled to Jfanscs. 25. As landward parishes were the ordinary class of parishes at the date of the Act 1663, c. 21, and as it was passed for the very purpose of supplying the ministers of such parishes with manses, it...
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Product details

  • Paperback | 268 pages
  • 189 x 246 x 14mm | 485g
  • United States
  • English
  • black & white illustrations
  • 1236889126
  • 9781236889126