Subject_1 PERSONAL and TRANSMISSIBLE. Subject_2 SECT. I.
What Rights go to Heirs.
A Minister's Executors v. Parishioners
Date: 2 June 1697 Case No. No 9.
Found, that act 1669, requiring consignation in case of suspending, minister's stipends, confers privilegium personale on the minister himself only.
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A Question was moved to the Lords, of the occasion of a bill of suspension, presented by some parishioners against a minister's executors, charging for some bygone stipends resting to him during his incumbency, and for which he had served; whether the act of Parliament, requiring consignation in case of suspending ministers' stipends, took place in this case? The Lords found it was privilegium personale, competent only to the minister himself, that he might not be drawn away and diverted from attending his charge of souls; and therefore, where collectors of vacant stipends charged, they could not crave consignation. Some of the Lords looked upon it as equally favourable to a minister's relict and nearest of kin, and that the privilege seems to follow the stipend, as really annexed thereto: Yet in regard the practice, since the date of that act of Parliament 1669, appointing consignation to ministers had been otherwise, the Lords would not extend it.
