Scottish Court of Session Decisions

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

Macquean, Minister in Edinburgh,
v.
Mr Peter Pearson

Date: 26 January 1670

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Mr John Macquean, sometime minister at Carmichaell, having charged the heritors for payment of his half-year's stipend, from Martinmas 1668 to Whitsunday 1669, compearance was made for Mr Pearson, who was minister, and succeeded to Macquean; who alleged that he ought to be preferred, because he was presented by the Marquis of Douglas, who was patron, to the whole year 1669, before that the lands were sown that year, on the separation of the crop; and that Macquean, being called to be minister at Edinburgh, had received stipend for that half year.

The Lords, notwithstanding, did prefer Macquean; seeing it was confessed, that he had served the cure at the kirk of Carmichaell, till March, in the year 1669, and that Pearson was not admitted till after Lammas; so that, in in this process, where the collector of the vacant stipend did not appear, Macquean was preferred to that half year; especially seeing any allowance he had from the town of Edinburgh was only for the expenses of transport; and that, being a stipendiary minister, if he should die, there could be no ann due to his wife and children.

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