Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER, LORD FOUNTAINHALL.
Anent Ministers' Stipend
1672.
January.
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It was questioned amongst the advocates, whether the bygones of a minister's stipend was debitum fundi, yea or no. Some thought all burdens imposed by a public law and act of Parliament became debita fundi. Of this I doubt much. It was remembered that by the 45th act of Parliament in 1649, ministers' stipends and university rents resting owing for three years allenarly, should affect the ground against singular successors. But it was considered that this Parliament, and the haill acts thereof, were repealed; and though the said 45th act was revived by the 20th act in 1663, yet any who will take pains to compare the two acts will find the said act 45 is only renewed in what it orders anent the shorter and more summary way of poinding for ministers' stipends, and in order to their manses; but the Parliament seems de industria to have omitted that part about their stipends owing for three years to affect the land, as also that part, what shall be the least proportion and quantity of a minister's stipend. Which two questions, if they should be started now, I think the Lords would not follow the direction of that 45th act of Parliament, because antiquated. Quæritur if the annuity be debitum fundi? I fear, because it is the King's concern, it should be so found.
