The Rev Mr William Hepburn v Charles, Earl of Portmore: HL 12 Mar 1770

References: [1770] UKHL 2_Paton_218
Links: Bailii
Ratio Right of Patronage.-
On a vacancy occurring in the parish of Aberlady, the Crown and Lord Portmore respectively claimed the right to present. Lord Portmore founded his claim upon a disposition granted by the titular Bishop of Dunkeld, in 1589, (to whose see Aberlady was attached, as one of his mensal benefices.) which contained conveyance of the right of patronage: Held, that though such alienations were prohibited at that time by the act 1585, and the church benefices annexed to the Crown in 1587, and though no possession followed, by exercising the right to present on this title, yet Lord Portmore had best right to the patronage in question, which could not be lost by non utendo; and which had been ratified in Parliament in 1669.

Last Update: 14-Apr-16
Ref: 561674