[1676] Mor 15897
Subject_1 TERM LEGAL AND CONVENTIONAL.
Date: The College of Aberdeen
v.
Heritors of Rathen
18 January 1676
Case No.No. 31.
A stipend found due to an incumbent who was transported at Lambmas for one term that year.
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The College of Aberdeen having a gift of vacancies within that diocese, charges the Heritors of Rathen for the vacant stipend crop 1667. They suspend on this reason, that they had paid bona fide to Bishop Scrogie, who was their Minister at that time, and who served the cure till Lambmas 1667. It was answered, That
they could not pretend payment bona fide, because the Bishop was consecrated before Whitsunday, and so ceased to be Minister of that parish; 2do, Though he served till Lambmas, because the legal terms of stipends are Whitsunday and Michaelmas, or the sowing and separation, so that a Minister transported before Michaelmas, can have but the half year, which by the late act of Parliament is now so ordered in anns, which formerly had the privilege quod annus ceptus habetur pro completo, which was never so in the transportation of Ministers. The Lords found, that the Bishop having served the cure till Whitsunday, the heritors were in bona fide to pay him for his incumbency only one term, he not having served till Michaelmas.
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