Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Jo Liddell v. The Heritors of Fordungennie
Date: 29 June 1667
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Mr. Jo. Liddell being in March 1667, transported from the parish of Fordungennie to Scoone, and charging the heritors for the half year's stipend due from Martinmas 1666 to Whitsunday 1667, my Lord Advocate, who heard the cause, was of opinion that he could not have that half year's stipend from which he was transported, because it inferred plurality of benefices, which was reprobated by the canon law, and that he could not be minister at both kirks. Urged on the other hand, a minister was not in the case of a liferenter, who dying before the term, had no right. And yet the Lords in the very like case betwixt Mr. Thomas Kirkcaldie and the heritors of Carnwath, found the minister to have right to both stipends, and that it did not infer plurality of benefices.
The same minister pursuing for the price of his house, which he had builded by order from the bishop, after a previous visitation; alleged, by act of Parliament, the heritors having made the manse once free, the minister was bound to uphold it on his own charges; and having ruined by the fault of the last incumbent, he ought to pursue him and his representatives.
The Lords inclined to make the heritors liable for the superplus of 500 merks, being 1000 merks.
