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Scottish Court of Session Decisions >>
The College of Aberdeen v The Earl of Aboyne. [1679] Mor 14791 (10 January 1679)
URL: http://www.bailii.org/scot/cases/ScotCS/1679/Mor3414791-013.html Cite as:
[1679] Mor 14791
Stipend not due to a Minister for terms after deposition by a Synod.
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The parishioners of Coull having raised a double-poinding against the College of Aberdeen, pretending right to the vacant stipends of that parish, as vacant by the deposition of Mr. James Gordon, late Minister, by the act of Parliament applying vacant stipends to Colleges, and the Earl of Aboyne as assignee by the Minister; the heritors alleged against both, that albeit the Minister was deposed by the Synod before Whitsunday, yet he had preached thereafter, and they had paid him bona fide before intimation of his deposition; which the Lords sustained. It was alleged for Aboyne, that he ought to be preferred to the College for the stipend due at Whitsunday, though after deposition, being before intimation thereof to the parish, seeing the Synod suffered him to preach, and did not publish his deposition.
The Lords found, That the deposition did exauctorate the Minister, and that it was wrong for him to preach thereafter, and that neither he nor his assignee could claim any of the stipend due for Whitsunday, after the deposition.
