Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL Subject_2 SUMMER SESSION.
Date: 26 January 1684
The Minister of - v. Glenurchie, now Earl of Breadalbane
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The Minister of raises a reduction, against Glenurchie, now Earl of Breadalbane, of a tack of his teinds which lie had set him at the time he did present him to be minister of that kirk; as a simoniacal paction, to the prejudice and dishonour of the church. Answered,—Whatever may be reputed simony by the Canon Law; yet, with us, by the first Act of Parliament 1612, such tacks set by ministers are declared not to be simony, providing he leave to himself and succeeding ministers a sufficient maintenance.
Which, I think, from other Acts, may be interpreted to be eight chalders of victual or 800 merks of money; and that, whether it be pactum honestum or turpe, non refert, (neither should the setter who is in pari turpitudine quarrel it;) seeing all the patrons of Scotland use it at their presenting, and the foresaid act allows it.
This was not decided, but the bishops were very zealous, and threatened they would have these tacks annulled as simony.
