Procedure

Prayer said and rolles callit.

Rege presente.

  1. NAS, PA2/22, f.113v-114r. Back
Legislation
Act anent raising of malisious suspensiones againest ministeres, colledges, schoolles and hospitalles

Our soverane lord and estates of parliament, considering the great inconveniences that the ministeris of this kirke are brought into by malisious suspensiones and delayes or refuising of the payment of ther stipendis by wnreasonable suspensiones or by contempt of decreetes obteaned againest persones obleidged for payment of ther stipendis, and that the ministeris chairges are so exorbitant in the sute of law that ther stipendis craved will not defray the same, and that they are exceedinglie distracted from there callingis to the great prejudice of ther congregationes, and that they doe suffer many other prejudices and losses; therfor statutes and ordeanes that no suspensiones be heirefter granted against ministeris chairgeing for there stipendis without consignatione of the soumes of money chairged for if the stipend consist in money, or of ane hundreth merkis for ilke chalder of victuall and of the just proportione of ane hundreth merkis for ilke quantity of victuall wnder a chalder if the stipend consist in victuall, where the same is not converted, and where the same is converted wpoun the consignatione of these soumes wherwnto the victuall is liquidat and converted, which consignatione of money for victuall as is abovesaid is without prejudice to the judges to decerne the greater or lesser pryce for victuall chairged for according to the probatione; provyding allwayes that if the persone chairged make reall and tymous offer to the minister at his duelling house or (at leist) at the place wher he is obledged or accustomed to pay and delyver the said victuall befor a notar and tuo witness at the least of the whole victuall adebtit and chairged for in good and sufficient stuffe at the termes of payment therof, laufull requisitione being first mad to the minister to receive the same befor a notar and witness as said is, then the persone chairged for shall not be astricted to consigne money for victuall in manor forsaid. And sicklyke it is provydit that the judge shall decerne twenty merkis of expenss for ilke hundreth merkis (at the least) aganes the malisious chairger or suspender, and incaise any persone chairged for ministeres stipendis shall contemptuouslie goe to the horne and ly therat our soverane lord and estates forsaid statutes and ordeanes that the donatoures to the single or lyferent escheat of the rebell, haveing either from his majestie or any lordis of regalitie or any superioures whatsoevir intromettoures with the said escheat goodis and geir, mailles and duties of landis or teithes falling within the compasse of the said escheat single or lyferent, and all and whatsoevir intromettoures shall be lyable in payment of the ministeris stipendis and of all chairges, penalties and damnage which the said rebell should have beene lyable to himselfe; and that actiones shall be competent therfor againest them, provyding the causes of the horneing wherwpoun the gifte is takine and the expensses of the passing therof be first satisfied, and that the donatour heath intromettit or might have intromettit with alse much as might have payed the ministeres stipend, and that no suspensione shall be granted of decreetes obteened againes the said donatoures and intromettoures bot in the maner foirsaid. And our soverane lord and estates foirsaid declaires that this act shall be extendit to wniversities, colledges, schoolles and hospitalles, maisteres and memberes therof, for the more reddy and thankefull payment to them of there stipendis, provisiones, mortifications, revenues and their dueties whatsoevir.

  1. NAS, PA2/22, f.113v-114r. Back