Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL.
Mr John Lauder v. Douglass and Others
Date: 5 February 1695
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Crocerig reported Mr John Lauder, minister at Eccles, against Douglass, chamberlain to the Earl of Roxburgh, and other heritors of Lilliesleaf, for the stipend thereof anno 1690, he having preached there as Presbyterian minister, upon the call and invitation of sundry in the parish. Douglass, as having a gift from the Earl of Roxburgh, patron, applied it to the buying of communion-cups, and other pious uses, in the terms of the Act of Parliament. The question was, If it was truly a vacant stipend: For, if it was, the patron might freely dispose upon it; but, if it was not, then the doubt occurred, Whether the minister behoved to prove, that he had the call and concurrence of the plurality of the masters and heads of families in the parish; as was done in the case of Borthwick, Hamilton, &c.
But the Lords considering that he had the attestation of the presbytery anent his service there, this was judged sufficient probation, without farther instruction. What further moved the Lords to prefer the minister was, this church continued vacant a year or two after the year acclaimed, so they had these vacant stipends to defray their expense in buying the communion-cups, &c.
