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Scottish Court of Session Decisions >>
Relict of Mr Patrick Shiels v Parishioners of West Calder. [1670] Mor 10437 (26 January 1670)
URL: http://www.bailii.org/scot/cases/ScotCS/1670/Mor2510437-014.html Cite as:
[1670] Mor 10437
Relict of Mr Patrick Shiels v. Parishioners of West Calder
Date: 26 January 1670 Case No. No 14.
Where a minister had been suspended, but allowed to continue in possession, the ann found due to his relict, notwithstanding of the act of suspension.
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Mr Patrick Shiels having been minister of West Calder, he was suspended by the Synod and Bishop, for not coming to the Presbyteries and Synods; and the act suspended him ab officio, and bore, that if he did not come to the next Synod, they would proceed to depose him; yet he was not deposed, but continued three years in the possession of the manse, glebe, and stipend; his wife now pursues for an ann. The next intrant being admitted within three months after Mr Patrick's death, alleges she could have no ann, because Mr Patrick was suspended ab officio et beneficio, and produces an act of the Synod bearing so much; and the relict produces that same act, extracted and subscribed by umquhile Mr George Hay, who was clerk at the time, and bears only suspension ab officio, and the intrant's act is extracted by the present subsequent clerk, and bears ab officio et beneficio. The relict alleged, That the act produced by her, was the only act intimate to Mr Patrick, and which is subscribed by the clerk, who was clerk to the principal act itself, and accordingly Mr Patrick was in bona fide, and did possess three years after.
The Lords adhered to that act, and found the ann due, and ordained the other act to be kept in retentis, that is might be compared with the register, that he might be censured if he extracted it wrong.
