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Scottish Court of Session Decisions >>
Sir William Ker v Sundry Elders of Kelso. [1696] 4 Brn 316 (28 February 1696)
URL: http://www.bailii.org/scot/cases/ScotCS/1696/Brn040316-0680.html Cite as:
[1696] 4 Brn 316
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Sir William Ker v. Sundry Elders of Kelso
Date: 28 February 1696
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Sir William Ker of Greenhead, as the Earl of Roxburgh's bailie of the barony of Kelso, having pursued sundry elders put in by Mr William Jack, minister there, for choosing and placing a reader and precentor to the church, without consent of the heritors, who had bestowed it on Mr James Kirkwood, the schoolmaster; and, in respect of their contumacy, he having imprisoned them, they applied to the Lords by a bill of suspension and charge to set at liberty: And the Lords considering that such an affair was more ecclesiastic than civil, and that it exceeded the jurisdiction of a baron court, and seemed to be from pique and humour, they ordained the men to be presently set at liberty, without caution or consignation.
