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Scottish Court of Session Decisions >>
Forbes of Waterton v The Bishop of Aberdeen. [1677] 3 Brn 196 (14 November 1677)
URL: http://www.bailii.org/scot/cases/ScotCS/1677/Brn030196-0240.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Forbes of Waterton v. The Bishop of Aberdeen
Date: 14 November 1677
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The declarator anent the patronage of the kirk of Ellon was debated betwixt the Bishop of Aberdeen and Forbes of Waterton. See a little of it, No. 608, [Historical Volume, 19th July, 1677]. On the occasion of this competition, many lawyers were of opinion, that it were most conducive and expedient that the King had all the patronages of churches in Scotland; and the bishops, in their respective diocesses, to have the presentation and filling of them as his Majesty's deputies, and keepers of his conscience in this particular.
This case was my Lord Harcours his Innerhouse trial.
The Lords having advised it on the 21st of November, their interlocutor resolved in an act before answer, ordaining all parties to produce what writs or other documents they have, for clearing and astructing the right of the said patronage; and, in the mean time, appointed the kirk to be supplied by the bishop, because Waterton as yet has shewn no right to it standing in his person, and is not as yet infeft. Vide supra, about a patronage contraverted between Southesk and Northesk, in fine, No. 572, [14th June, 1677]; as also infra, [No. 658, 20th November, 1677,] between the Town of Hadington and the Earl of Hadington.
