forty years has elapsed after the prior in date, during which there has been no interruption of the possession of the right.1 Where the right of patronage is jointly vested in more than one individual, each exercises it in turn. United parishes, and parishes formed out of portions of others previously to the passing of the act of 1844, are in this situation; the patron of the largest benefice being entitled to the first exereise of the right.3

Churches in Disjoined Parishes.-When there has been a disjunction or division of a parish, in terms of the 7 & 8 Vict. c. 44, the patronage of the new parish belongs to the patron of the original parish, but if the disjunction or divi- sion affect more than one parish having different patrons, the right is to be exercised jointly or by rotation as they may agree, or as the Court of Session failing such agreement may fix. The patronage of the new parish can, however, in such circumstances, only be held along with the burden of a portion of the minister's stipend. To enjoy the full right, the patron must pay at least half the stipend. If he be a joint-patron, he cannot keep his joint share as to the new parish without paying a quarter of the stipend. When original patrons do not so reserve their right, the patronage belongs to the person who takes burden for the whole stipend, or if the burden be partitioned between two or among three, it is exercised by them successively. If the number of persons be greater, their right is vested in three trustees.4

Churches Endowed by Contribution.-Where churches endowed by voluntary contributions, and which do not come within the application of the act of 1844, are erected into parochial churches, the patronage must be exercised under the direction of the church courts establishing the churches.5 During the pupillage of a patron, his tutor may present to the charge on a vacancy. A presentation by a married woman must have the concurrence of her husband.7 "A patron," says Mr Dunlop, cannot, it would seem, present himself to the benefice; but there does not appear any grounds for holding that he might not, with us, present his son or other near relation." 8

6

66

Every patron who has not taken the oath of the sixth of Queen Anne, in favour of the Hanover line, must do so on

1 D. P. L. 210.-2 Ibid. 219.-3 Ibid. 234.- 7 & 8 Vict. c. 44, § 5.5 4 & 5 Wm. IV. c. 41, § 1. D. P. L. 234.-7 Ibid.-8 Ibid. 225, but see Lord Pres. in Macdonell v. Gordon, 26th February 1828.

A

signing a presentation, otherwise the presentation is void, and the right devolves on the crown, failing a presentation from which, within six months, on the presbytery.1 Roman catholic, or one who, suspected of being so, refuses to sign the formula against popery, appointed by the act 1700, c. 3, when tendered by the sheriff, or any two or more justices, renders void his presentation in a similar manner.2

When the church authorities sanction the appointment of an assistant and successor to a disabled clergyman, the person who would be entitled to present a successor, had he died, is entitled to present the assistant." If the patron do not present to a benefice within six months after the occurrence of the vacancy, the right devolves on the presbytery, who are then said to present jure devoluto.*

SECT. 2.-Licentiates.

Qualifications.-The person presented to a ministerial charge must have been licensed as a probationer by a presbytery. To sanction the license, the church has required the student to undergo the following curriculum of study and conduct:-Before being enrolled as a student of divinity, he must produce a certificate of having attended a Latin class in one of the universities for at least one session; he is examined by the presbytery where he resides, in Latin, Greek, literature, science, and philosophy; and, on his "knowledge of the Christian religion, as it is exhibited in the catechetical standards of the church;" and if his attendance at the divinity hall is not regular for more than one year, he must be examined during the fourth year of the course, in divinity, church history, Greek, and Hebrew. If the student's attendance at the divinity hall is regular for three sessions, his course may be completed in a fourth, and if for two sessions, in a fifth. It must be regular for one session, and this one must be in the first, second, or third year; but if it is only so for one, the full period is not completed in less than six years.9 The student must have attended a class of Hebrew, and one of church history (if there be one in the University he has attended), during each

8

110 Anne, c. 12, § 6. (N. B.-This is properly chapter 21, and is so printed in the authoritative edition of the Statutes; but in the ordinary copies it is chapter 12.)-2 Ibid § 7.-3 D. P. L. 226.- 10 Anne, c. 12, § 3.5 Hill's Practice, 61. Styles of Writs by Church Law Society, 52.6 Ass. 1843, ch. 14.-7 Ass. 1827, act 7, and 1837, act 9.- Ass. 1827, act 7.-9 Ibid. 1813, act 8, § 2; 1826, act 8.

of any two sessions which he claims as sessions of regular attendance. He must be annually examined by the presbytery in which he resides as to his progress.2

Besides a statement of regular attendance, &c., the student's certificate from the professor of divinity must bear that he has delivered an exegesis in Latin, a homily in English, an exercise and addition, a lecture on some portion of Scripture, a critical Hebrew exercise on some portion of the original text of the Old Testament, and a popular sermon." If the student has lived during the year preceding chiefly within the bounds of the presbytery to which he applies for license, they will satisfy themselves from their own knowledge of his moral character; if he has lived elsewhere, he must produce testimonials from the presbytery where he has resided.4

After the secession of 1843, a portion of these requisites was temporarily suspended for the purpose of immediately supplying vacancies.5

Trials. The presbytery privately examine the candidate on his knowledge of Greek, Latin, philosophy, and theology." If they are satisfied, letters are written to the other presbyteries of the synod, intimating compliance with the regulations, and the intention of the presbytery to take the student on public trials. The synod having granted permission, the student undergoes an examination in divinity, chronology and church history, Greek, and Hebrew, and delivers an exegesis, a homily, an exercise and addition, a lecture, and a popular sermon, on the matters discussed in which the presbytery may examine him.8

The presbytery being satisfied, require answers to the questions appointed by act 10th of Assembly 1711 (importing a belief in Scripture and the Confession of Faith, and a recognition of the presbyterian discipline and church establishment), and require him to sign a formula to the same effect. Having then read the act 8th Assembly 1759 against simony, the presbytery appoint the moderator to license the student. No student can be proposed for trials until he has completed his twenty-first year.10

Oaths. Every student, before being licensed, must take the oath of allegiance, under pain of disqualification; and

1 Ass. 1833, act 9.-2 Ibid. 1837, act 3.-3 Ibid. 1813, act 8, § 2; 1836, act 10.- 4 Ibid. 1813, act 8, § 5.-5 Ass. 1843, act 16; 1845, act ; 1846, act 19.- Ass. 1813, act 8, § 5.-7 Ibid.-8 Ibid. § 9.- Ibid. § 10.10 Ibid. § 5.

the oath of abjuration, under pain of six months' imprisonment, and incapacity to enjoy any benefice until the lapse of a year after he shall have taken the oath. By the interpretation of the act, it has been found sufficient compliance if the presentee take the oath before ordination.2 The presentee lays his letter of presentation before the presbytery, along with his license, and a letter of acceptance, and the presbytery being satisfied that all formalities have been complied with, pronounce sentence (liable to the review of the Court of Session), sustaining the presentation; questions as to fitness for the pastoral office being reserved for afterconsideration.3

SECT. 3.-Admission to a Charge, and Discussion

of Objections.

The system of giving a call to a minister which came in practice when patronage was abolished, is still followed as a form; a written call is submitted to the parishioners, and the presbytery have been in use to pronounce a formal judgment concurring with it, however few may be the signatures. The presbytery next proceed to the ordination (if the presentee has not been previously ordained), before which he must undergo an examination similar to that requisite for obtaining a license. He is required to subscribe the formula of the act 10th of Assembly 1711. Independently of the objections under Lord Aberdeen's Act, as considered below, objections by parishioners to the presentee on the ground of morality, or any other ground which, according to the ecclesiastical and civil law, would disqualify him from holding the office of the ministry, are heard and decided on, and he has to answer the questions appointed by act 10, 1711, in presence of the congregation. After the ordination the presentee is formally admitted minister of the parish by the presiding minister.5

The law having left the right of presenting to benefices in the hands of patrons, while the church has had to judge of the fitness of those chosen, it has been a subject of much debate how far the latter can adopt rules tending to disqualify presentees; and, in particular, how far it can admit the dissatisfaction of the congregation as a ground of disqualification. The practice of the church courts, for a long

11 Geo. I. st. 2, c. 13, § 3. 5 Geo. 1. c. 29. 6 Geo. III. c. 53.—2 D. P. L. 254-3 Ibid. 256-260.- Ibid. 289.—5 Ibid. 291-296.

time previous to 1834, was, not to attempt to give effect to any dissent by the congregation. The conflict between the ecclesiastical and civil courts which followed an attempt by the General Assembly to give effect to the dissents of a certain proportion of the male heads of a congregation, and the memorable partition of the Church of Scotland in which the conflict terminated, are too well known in their general outlines to require to be narrated. The legal proceedings, however, connected with this discussion throw so much light on the authority of the civil courts in relation to the Established Church, and are so important as precedents by which the boundaries of the authority which the church courts can hereafter exercise may be marked, that it is deemed expedient to append in a note an outline of the leading particulars, both of the proceedings on which the litigations were founded, and of the decisions pronounced by the courts.*

* In 1834, the General Assembly passed two interim acts, jointly known by the name of "The Veto Act," which were transmitted to presbyteries for their approval, in terms of the Barrier Act (see p. 96). The former was called an "Overture and Interim Act on Calls," and contained a declaration to the effect that "it is a fundamental law of this church, that no pastor shall be intruded on any congregation contrary to the will of the people;" enacting that the method of putting this principle in force should be by giving effect in each presentation to the dissents of the male heads of families in communion with the particular charge. The other interim act was called " Regulations for carrying the above act into effect."

At the assembly of 1835, assents to the interim act on calls were received from the majority of the presbyteries (Ass. 1835, act 9); and it thus, in terms of the barrier act, became a law of the church so far as it could be made so by the church itself. The overture, with regulations for carrying the act into effect, never received the assents of a majority of presbyteries, but was annually renewed as an interim act with slight variations.

Auchterarder Case.-On 14th September 1834, Lord Kinnoull, as patron of the parish of Auchterarder, issued a presentation to the Rev. Robert Young. The presentation was laid before a meeting of presbytery, and the minutes of the meeting bore "that all the documents usually given in in cases of this kind have already been laid on the table, along with the presentation." The same minute stated that the presbytery found that they must proceed to fill up the vacancy in terms of the regulations and relative act of assembly anent calls. An opportunity was given to the male heads of families in communion with the church to give in special objections, but no such objections were given in. At the proceedings of the presbytery Mr Young appeared through his procurator, and took objections to the roll of the male heads of families, which were