Jurisdiction of the Court of Session, in reviewing the procedure of Ecclesiastical Courts.
Thomas Robertson v. Robert Preston, George Campbell, and Alexander Melvil
Date: 11 August 1780 Case No. No 185.
The civil courts have no jurisdiction in matters of ecclesiastical concern.
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The Reverend Messrs Preston and Campbell, ministers, and Mr Melvil, one of the elders, of the parish of Cupar, in their capacity of members of the kirk-session, had resolved that, on account of certain alleged immoralities, Mr Robertson ought not to be admitted to participate of the sacrament of the Lord's Supper; and had ingrossed this resolution in their records. On that ground, Mr Robertson brought against them an action of defamation before the Commissary of St Andrew's, concluding for a palinode, and for damages. In a process of advocation which followed, it was
Pleaded for the defenders; That being an exclesiastical court, they were not subordinate to any civil one, but to their ecclesiastical superiors alone; and that even supposing their proceeding to have been improper, yet having acted in their judicative capacity, with which they were by law invested, and not as individuals, they were not to be accountable for an error in judgment.
Answered; This is an action brought for reparation of an injury. It has been occasioned by scandal and defamation, a matter proper to the cognizance of the consistorial, and not belonging to the ecclesiastical courts. These last have no powers to give to the party injured, redress by palinode, money, or otherwise.
The Lords adhered to the Lord Ordinary's interlocutor, 'remitting the cause to the Commissary, with this instruction, that he refuse a proof as to what these defenders said or acted at the meeting of the kirk-session, or in their collective capacity.'
Lord Ordinary, Hailes.Act. G. Wallace.Alt. Wm. Robertson.
Fol. Dic. v. 3. p. 347. Fac. Col. No 126. p. 232.
*** See additional particulars of this case, p. 7468.
