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Scottish Court of Session Decisions >>
Chirnside v Earl of Home. [1542] Mor 12629 (28 June 1542)
URL: http://www.bailii.org/scot/cases/ScotCS/1542/Mor2912629-523.html Cite as:
[1542] Mor 12629
A person on being excommunicated, and non habens personam standi in judicio, yet producing letters testimonial from the Bishop, bearing that he was absolved, the Lords found that this did not sufficiently prove the absolution, nisi constitisset ex ipsis curiæ actibus.
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The Laird of East Nisbet, Ninian Chirnside, pursued the Lord Home for a spuilzie. The Lord excepted, That he was cursed per canon. Si quis suadente, in L. 17:1:4, for the slaughter of the Prior of Coldingham. The Lords of Council understood that therefore he was cursed long since, and so the Lords found he might not stand in judgment in agendo. The said Laird produced a testimonial of the Bishop of Buchan, commissioner apostolic ad effectum absolvendi dict. Ninian ex causa prædicta, and testified by his letters that he had absolved long since the said Laird. The Lord replied, That there was no absolution, et quod per testimoniales literas non probatur absolutio, ut per L. 7, C. De Edend.—The Lords, by interlocutor, decerned, That the said letters testimonials proved not absolution, et sic repulerunt dictum Ninianum ab agendo pretextu excommucationis objectæ.
