Presbytery of Falkirk v. The Earl of Callander and His Tutors
Date: 8 December 1696 Case No. No 39.
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Philiphaugh reported the Presbytery of Falkirk against the Earl of Callander and his Tutors, for declaring that he had lost the vice of presentation of the minister of Falkirk, (whereof he was patron,) both during this vacancy and the next, because he had neither qualified himself, nor applied it to a pious use within the parish. Alleged, That being the delinquency of the last Earl, it cannot prejudge his heir; because in pænalibus non datur actio in hæredem ex defuncti delicto. Answered, The certification against misapplication of the stipend is not such a penalty as is intransmissible to the heir, but is rather jus accrescendi to the moderator of the presbytery, and a devolution; and if the last Earl had no right, he could not give his heir the same, and the tinsel was declared against the last Earl of Callander in his own time. The Lords declared against the heir in favour of the presbytery.
Fol. Dic. v. 2. p. 47. Fountainhall, v. 1. p. 740.
