In January 1769, the parish of Erskine, in the presbytery of Paisley became vacant, by the death of the Reverend Mr James Lundie. Mr. David Erskine alleged to have acquired the right to the patronage from Lord Blantyre, the patron of the parish, who was in Italy by the time the vacancy occurred. The Presbytery took some procedure in the church courts and appointed someone for the position, but it was not accepted. The Presbytery then brought a declaratory action to review and declare that the right had fallen to them. The defender invoked cannon law to claim that the Presbytery right was proscribed after the six months.
Documents in this case (4)
- Erskine — Information, 27 Jun 1770June 27, 1770 Memorial of the defender, arguing that the presentation and acceptance were granted within the legal time, and that the six months must be computed from the patron's knowledge of the vacancy, not from the …
- Presbytery of Paisley v. David Erskine — Information, 28 Jun 1770June 28, 1770 Information of the pursuers, arguing that the patron failed to present a qualified minister within the six months as required by statute
- Paisley — Petition, 19 Jul 1770July 19, 1770 Petition of the petitioners asking the Court to alter its recent interlocutor regarding the jus devolutum in the parish of Erskine
- Presbytery of Paisley v. David Erskine — Answers, 6 Aug 1770August 6, 1770 Answer by the respondent to the petitioners' new objections against the presentation of Mr. Young, asserting that the objections are novel and untimely.
People & places in this case
People involved
- Presbytery of Paisley — Pursuer
- David Erskine — Defender
- John MacLaurin, Lord Dreghorn — Advocate for Pursuer
- William Craig, Lord Craig — Advocate for Defender
- Rev. James Lundie — Named in case documents
- Lord Blantyre — Named in case documents
Places
Where this case took place
In January 1769, the parish of Erskine, in the presbytery of Paisley became vacant, by the death of the Reverend Mr James Lundie. Mr. David Erskine alleged to have acquired the right to the patronage from Lord Blantyre, the patron of the parish, who was in Italy by the time the vacancy occurred. The Presbytery took some procedure in the church courts and appointed someone for the position, but it was not accepted. The Presbytery then brought a declaratory action to review and declare that the right had fallen to them. The defender invoked cannon law to claim that the Presbytery right was proscribed after the six months.
