Scottish Court of Session Decisions

Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.

Minister of -
v.
His Parishioners

Date: 9 February 1672

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A minister pursuing upon his decreet of locality, for payment of L.20, modified yearly therein for the communion elements; the parishioners excepted that he could have nothing upon that account, because they never got the sacrament from him. To which it was replied, it was not his fault that they got it not, but their own; he intimated the same to them, and none came to declare their willingness to receive it, and so per ipsos stetit; in omnibus causis pro facto accipitur id, in quo per alium moræ sit, quominus fiat, L. 39, L. 161 D. de R. Juris.

To this it was duplied,—That he was in pessima fide to intimate to them that he would administrate it, seeing none of them were examined; which being necessarily previous, they were not in a capacity to receive the holy sacrament without it.

Triplied,—That the duply is founded super propria turpitudine, seeing they were warned to the examinations, and most contumaciously and irreligiously were absent, and so quod pænant meretur non potest iis liberationem impertire.

Advocates' MS. No. 324, folio 129.