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Scottish Court of Session Decisions >>
Robert Stewart, Minister at Ballquhidder, v the Marquis of Athole and his other Parishioners. [1692] 4 Brn 35 (28 December 1692)
URL: http://www.bailii.org/scot/cases/ScotCS/1692/Brn040035-0073.html
Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Robert Stewart, Minister at Ballquhidder, v. the Marquis of Athole and his other Parishioners
Date: 28 December 1692
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Mr. Robert Stewart, minister at Ballquhidder, against the Marquis of Athole and his other Parishioners. The Lords were fully convinced that he was a very bad man, and unworthy of the holy function; but found the church not vacant on the grounds alleged; for as to the 132d act, 1584, the four Sabbath-days absence be declared a cause of deprivation in a minister, yet, that was not yet cognosced by any church-judicature against him; and though he was in arms, yet he had taken the benefit of the indemnity; and as to his letter to the Lord Murray, patron, the Lords did not find it a formal demission of his charge, and so preferred him, notwithstanding some of them had paid the patron's collector, upon a destination of this stipend to a school in the parish, for the Lords found it not vacant.
