Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR PETER WEDDERBURN, LORD GOSFORD.

Cargill
v.
Liddell

Date: 6 February 1669

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Cargill, being minister of a kirk at Glasgow, in anno 1662, and having served that year, did pursue the town of Glasgow for the last half-year's stipend; wherein compearance was made for Mr David Liddell, who succeeded to that kirk, and alleged, That the pursuer, neither having received a new presentation from the bishop, nor having kept the anniversary thanksgiving, was deposed; and by an act of council, October 1662, it was declared, That all ministers, who should not keep the anniversary day, should have no right to that year's stipend, or any part thereof.

To which it being replied, That, for the first part of the allegeance, in not taking a presentation; by an explanatory Act of Parliament, it was declared, That it should not be extended to the year 1662. And as to the second part, anent the keeping of the anniversary day, it being replied, That the Act of Parliament, enjoining the same, was not penal; and that the Act of Council, declaring them to lose that year's stipend, could [not] be extended ad præterita:

The Lords did sustain the said reply to both these members, and found Cargill had right to the whole stipend 1662. This was done, me reclamante, upon this reason:—That the Act of Parliament having declared, That all ministers should keep the anniversary day; and the Act of Council appointing this special punishment, viz. That all ministers should lose that year's stipend that they failed in keeping thereof, the Lords of Session could not, contrary to the said Act of Council, liberate them from that penalty.

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