Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR ALEXANDER GIBSON, OF DURIE.

The Earl Marishal
v.
The Relict and Bairns of the Minister of Peterhead

Date: 19 July 1626

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In a double poinding, at the instance of the Earl Marishal, who was charged by the Relict and Bairns of the deceased minister at Peterhead, who was incumbent and served the cure, and who died before the feast of Michaelmas, anno 1623, and who was, on the other part, charged by the new entrant minister, for the stipend of the year 1624; to the which stipend, for the whole year, the said entrant minister craved the only right, and alleged that he ought to be answered thereof for both the terms of Whitsunday and Martinmas that year, in respect he served the cure that whole year; and the relict and bairns of the deceased minister claiming right to the half of that year's stipend, by reason of an act and statute of the kirk, introduced in favours of the relicts and bairns of deceased prelates and ministers, which appoints the duties of the half of the profits of the prelacy, and sicklike of the stipend for the year subsequent, next after the decease of the incumbent, to pertain to the relict and bairns of the said deceased incumbent, and the other half to pertain only to the entrant;—the Lords having seen and considered an ordinance and act made by the bishops, which had relation to a letter of the deceased King James, tending and written for that same effect, and which was engrossed in the said act, and which act was produced by the said entrant minister; by the which act (wherein relation was made, in the tenor thereof, to the like ordinance made before that act in favours of ministers,) it was found, that, where the prelate dies before the Michaelmas, and after the Whitsunday, that his relict and heir shall have that year's profits and rents of the benefice, both the Whitsunday and Martinmas terms thereof, that year, and nothing of the year subsequent; and, if the prelate die after the Michaelmas, that his relict and heir shall have right to the half of the profits and rents of the subsequent year, beside and attour the whole rents of that year wherein he dies:—In respect whereof, and that the said act proported that the like was statute before for the relicts and bairns of ministers, there being no other act nor ordinance shown in favours of the relict,—the Lords decerned conform to the said act produced; and therefore, seeing the minister, husband to this relict now compearing, died before Michaelmas 1623,—the Lords found that she nor her bairns had no right to any part of the stipend of the year 1624, controverted, but that the same totally pertained to the entrant minister, whom the Lords decerned to be answered and obeyed thereof.

Act. Mowat. Alt. Belshes. Gibson, Clerk.

Vid. 9th December 1623, anent Annats; 17th December 1623, Minister of Livingstoun's Relict.

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