Legislation

Act regarding raising of malicious suspensions against ministers, colleges, schools and hospitals

Our sovereign lord and estates of parliament, considering the great inconveniences that the ministers of this kirk are brought into by malicious suspensions and delays or refusing of the payment of their stipends by unreasonable suspensions or by contempt of decreets obtained against persons obliged for payment of their stipends, and that the ministers' charges are so exorbitant in the suit of law that their stipends craved will not defray the same, and that they are exceedingly distracted from their callings to the great prejudice of their congregations, and that they do suffer many other prejudices and losses; therefore statute and ordain that no suspensions be hereafter granted against ministers charging for their stipends without consignation of the sums of money charged for if the stipend consist in money, or of 100 merks for each chalder of victual and of the just proportion of 100 merks for each quantity of victual under a chalder if the stipend consist in victual, where the same is not converted, and where the same is converted upon the consignation of these sums to which the victual is liquidated and converted, which consignation of money for victual as is above said is without prejudice to the judges to determine the greater or lesser price for victual charged for according to the probation; providing always that if the person charged make real and timely offer to the minister at his dwelling house or (at least) at the place where he is obliged or accustomed to pay and deliver the said victual before a notary and two witness at the least of the whole victual due and charged for in good and sufficient stuff at the terms of payment thereof, lawful requisition being first made to the minister to receive the same before a notary and witness as said is, then the person charged for shall not be astricted to consign money for victual in manner foresaid. And also it is provided that the judge shall determine 20 merks of expense for each 100 merks (at the least) against the malicious charger or suspender, and in case any person charged for ministers' stipends shall contemptuously go to the horn and lie thereat our sovereign lord and estates foresaid statute and ordain that the donators to the single or liferent escheat of the rebel, having either from his majesty or any lords of regality or any superiors whatsoever intromitters with the said escheat goods and gear, mails and duties of lands or tithes falling within the compass of the said escheat single or liferent, and all and whatsoever intromitters shall be liable in payment of the ministers' stipends and of all charges, penalties and damage which the said rebel should have been liable to himself; and that actions shall be competent thereof against them, providing the causes of the horning whereupon the gift is taken and the expenses of the passing thereof be first satisfied, and that the donator has intromitted or might have intromitted with as much as might have paid the minister's stipend, and that no suspension shall be granted of decreets obtained against the said donators and intromitters but in the manner foresaid. And our sovereign lord and estates foresaid declare that this act shall be extended to universities, colleges, schools and hospitals, masters and members thereof, for the more ready and thankful payment to them of their stipends, provisions, mortifications, revenues and their duties whatsoever.