Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR DAVID DALRYMPLE, LORD HAILES.
Subject_2 DELINQUENCY.
Subject_3 Limits of liberty of the pulpit with regard to censure.

Robert, John, and David Scotlands
v.
Mr James Thomson

Date: 8 August 1776

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[Faculty Collection, VII. 277; Dict., App. 1, Delinquency, No. 3]

[1ittle was said in this case which had not been already said.]

Justice-Clerk. We live in an age which knows nec finem nec modum injuriarum; but the pulpit has in general remained chaste. If, on any account, a minister of the gospel should think himself entitled to follow out his private resentments in the pulpit, the consequences would be dreadful.

President. I was not present when the former decision was pronounced. I do not choose to inquire whether the church judicatories have acted right or not in taking no notice of Mr Thomson's conduct: that is no concern of mine. I think that Mr Thomson was very much to blame, and I would not have the audience imagine, though I seldom address myself to the audience, that I do in any particular justify his conduct; but there is much here to alleviate. If the pulpit is to be kept chaste, so also ought the press. Both were in the wrong. I would send both out of Court without expenses.

Monboddo. The tendency of the conduct of this minister is to make a beargarden of the house of God.

Kaimes. No provocation can justify the minister for railing in the pulpit; but the damages ought to be restricted as to Robert Scotland, or rather he should have none at all.

On the 8th August 1776, “The Lords adhered to their former interlocutor, modified the damages to Robert Scotland to L.5, with L.25 jointly to the other two; decerned for fifty guineas of expenses.”

Act. H. Dundas, &c. Alt. Ilay Campbell.

Diss. Gardenston, Alva, Stonefield, Hailes, President.