Mr John M'Queen v. The Marquis of Douglas and Mr Peter Pearson.
Date: 26 January 1670 Case No. No. 22.
A stipend found to belong to a Minister who was translated in January, but continued preaching till April.
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Mr. John M'Queen having been Minister at Carmichael, and transported to Edinburgh, he continued to serve the cure at Carmichael till March 1669, and pursues the Marquis for the half year's stipend 1669. Compearance is made for Peter Pearson his successor, who alleged that he is presented in January to the whole stipend 1669, and thereby has right; and M'Queen was transported before January 1669, and though he continued to preach till February or March, yet being transported, he was no more Minister, and did not preach till the complete sowing, or Whitsunday, which is the legal term for half a year's stipend of transported Ministers. It was answered for Mr. M'Queen, that Pearson not being admitted Minister till August 1669, can have no right to a term anterior, and the patron's presentation can give him no right, because the patron has now no power of the vacant stipend.
The Lords preferred M'Queen, seeing nothing was alleged for the collector of the vacant stipend, who, it is like, might have excluded both; for at Whitsunday, either of them was in officio, or beneficio.
