Though the messengers' charity box was appointed for the voluntary relief of their decayed brethren, the Lyon has right to oversee the employment of the money.
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The Messengers pursuing the Lyon, to hear him decerned to hold his courts in the tolbooth of Edinburgh, and to be discharged to convene them, and hold his courts in private houses, and also to be discharged to hinder them to elect their own box-masters to be nominated by them for keeping of the box containing the charitable supply, to be made by them and their brethren, for help of decayed messengers, their wives and children, and other such pious uses; seeing it was their own voluntary charity, which they might only appoint to be kept by such as they pleased to nominate themselves, and wherein no other had interest to intermeddle; for otherwise it might make that good intention and charitable work to cease;—the Lords found, that the Lyon might convene the Messengers in any place before him, to answer in any private house, the place being specially designed by him in the copy of the summons and execution, to the which, and where he should summon them to compear; and that he was not holden to hold all his courts against them in the tolbooth of Edinburgh, seeing his predecessors Lyons have been in use to hold their courts in their clerk's chamber. And this was found, albeit some of the Lords were of opinion, that no Judge could hold courts, nor sit to do any judicial deed in private places, but in the place publicly destined to sit and judge; and also the Lords found, that albeit the box of the messengers was appointed for their voluntary charitable help of their decayed brethren, yet that the Lyon had right to oversee the employment thereof; and therefore found, that the Messengers might leit and choose any six of their number to be box-masters, of whom the same being presented to the Lyon, he might choose any two he pleased to keep the said box; and which they found due to be done by the Lyon, albeit the box proceeded from their voluntary charity.
Clerk, Scott.
Fol. Dic. v. 1. p. 509. Durie, p. 601.
