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In a process betwixt Mr Patrick Wemyss and the Parishioners of Lasswade—The Lords found, That a minister dying in January, the following year's stipend is due to his executors as annat. This being the practice formerly, yet now being doubted, it was thus decided.
Gilmour, No 50. p. 36.*** This matter was afterwards regulated by the following act of Parliament:
“The King's Majesty judging it necessary for the good of the church, that such a stated and equal course be taken for clearing and securing the ann due to the executors of deceased bishops, beneficed persons, and stipendiary ministers, as may be suitable to the interest of the executors, and no discouragement or hindrance to the planting of the vacant benefices; doth, therefore, with advice and consent of his Estates of Parliament, statute and ordain, that in all cases hereafter, the ann shall be an half year's rent of the benefice or stipend, over and above what is due to the defunct for his incumbency, which is now settled to be thus, viz. If the incumbent survive Whitsunday, there shall belong to them, for their incumbency, the half of that year's stipend or benefice; and for the ann the other half: And if the incumbent survive Michaelmas, he shall have right to that whole year's rent for his incumbency; and for his ann, shall have the half year's rent of the following year; and that the executors shall have right hereto, without expences of necessity of a confirmamation.”
