Subject_1 DECISIONS of the LORDS OF COUNCIL AND SESSION, reported by SIR JOHN LAUDER OF FOUNTAINHALL. Subject_2 This week I sat in the Outer-House, and so the observes are the fewer.
William Jack, Minister at Kelso, v. Robertson, the Kirk-Treasurer
Date: 3 June 1699
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Mr William Jack, minister at Kelso, pursues one Robertson, who had been kirk-treasurer for many years there, for delivery of the poor's money, and bonds and other securities he had for the same: and the whole being referred to his oath, he declared he had given up the bonds; but as to the other money due to the poor, arising from collections, fines, &c. he had expended it by warrants from the ministers and elders at the time; and that he had no count-book of charge and discharge, but only some scrolls and notes he had made for his own private memory.
Alleged,—The quality of this oath was extrinsic; and it could not exoner him that he said he had given it all out by order, unless he produced these warrants; otherwise the poor's money might be easily squandered, if his assertion were enough.
Answered,—They having no other way to constitute and prove a charge against him but his own oath, they cannot divide it, but must take it entirely as it stands; and they seek no written warrants for debursing to the poor, but only the minister and kirk-session's verbal orders; which, as to every minute particular, were impossible for him to prove.
The Lords thought,—Though there was not a special order for every one of his debursements in writ, yet they should at least keep a book wherein should be inserted all that they receive for the use of the poor, and the way and manner how it is given out again; but, in regard it was informed this exact method was not kept in many churches, therefore the Lords allowed a conjunct probation what had been the custom and practice of Kelso on this point; and to produce any memorials and documents either party could, for clearing either the charge or discharge, whereby it would appear if his administration had been such as his oath ought to exoner him, yea or not. It was thought, If the quality adjected related to the terms or conditions on which he had accepted the office, that might be pled as intrinsic; but when he deponed, upon his own discharge, That he had expended all without giving any instruction, this was not so favourable.
