Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Minister of Tillycoutry v. Nicolson of Tillicultrie
Date: 21 November 1677
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The minister of Tillycoutry pursues Nicolson of Tillicultrie, before the commission for plantation of kirks, for an augmentation of his stipend. Against which it was offered to be proven, by the minister's oath, that he had promised to his parishioners faithfully never to seek an augmentation; and he confessed the promise judicially at the bar. Yet the Bishops of St Androis and Galloway forced the commission to decern an augmentation, on this pretence, that the promise was super re turpi vel illicita, and granted through ignorance and simplicity; and that it was their part, though he were not seeking it, to provide churches with competent stipends. It was not denied but they might augment, to take commencement after his incumbency, and that his promise was only personal, and could not prejudge his successor, they being but administrators of the benefice; but it was inauditum et contra bonos mores that it should not tie himself, and he coming against his promise exceptione doll mali repelli et summoveri poterat; et in omnibus grave est fidem fullere, multo magis in a churchman, who ought to be patterns of faithfulness and all other virtues. What if he had sworn not to seek an augmentation? It is like the bishops would have absolved him, as they did dispense themselves from the oath of the Covenant. See a case somewhat like it, in my Summary of the Commission Books.
