redressing all other Church disorders. And further, it is hereby provided, that whatsoever minister, being conveened before the said general meeting and representatives of the Presbyterian ministers and elders, or the visitors to be appointed by them, shall either prove contumacious in not appearing, or be found guilty, and shall be therefore censured, whether by suspension or deposition, they shall ipso facto be suspended from, or deprived of their stipends and benefices.

No. 12.-Act 1690, c. 23.

Act concerning Patronages.

Our Soveraign Lord and Lady, the King and Queen's Majesties, considering, That the power of presenting ministers to vacant churches, of late exercised by patrons, hath been greatly abused, and is inconvenient to be continued in this realm, Do therefore, with the advice and consent of the Estates of Parliament, hereby discharge, cass, annull, and make void the foresaid power, heretofore exercised by any patron of presenting ministers to any kirk now vacant, or that shall hereafter happen to vaik within this kingdom, with all exercise of the said power: And also all rights, gifts and infeftments, acts, statutes, and customs, in so far as they may be extended, or understood, to establish the said right of presentation; but prejudice always, of such ministers, as are duly entered by the foresaid presentations, (while in use,) their right to the manse, glebe, benefice, stipend, and other profits of their respective churches, as accords: And but prejudice to the patrons of their right to employ the vacant stipends on pious uses, within the respective paroches, except where the patron is Popish, in which case he is to employ the same on pious uses, by the advice and appointment of the presbytery; and in case the patron shall fail in applying the vacant stipend for the uses foresaid, that he shall lose his right of administration of the vacant stipend for that and the next vacancy, and the same shall be disposed on by the presbytery to the uses foresaid; excepting always the vacant stipends within the bounds of the synod of Argyle: And to the effect, the calling and entering ministers, in all time coming, may be orderly and regularly performed, their Majesties, with consent of the Estates of Parliament, Do statute and declare, That, in case of the vacancy of any particular church, and for supplying the same with a minister, the heritors of the said parish, (being Protestants,) and the elders, are to name and propose the person to the whole congregation, to be either approven or disapproven by them; and if they disapprove That the disapprovers give in their reasons, to the effect the affair may be cognosced upon by the presbytery of the bounds, at whose judgment, and by whose determination, the calling and entry of a particular minister is to be ordered and concluded: And it is hereby enacted, That if application be not made by the eldership, and heritors of the paroch, to the presbytery, for the call and choice of a minister within the space of six months after the vacancy, that then the presbytery may proceed to provide the said parish, and plant a minister in the church, tanquam jure devoluto. It is always hereby declared, that this act shall be but prejudice of the calling of ministers to Royal Burghs by the Magistrates, Town-Council, and Kirk-Ses

sion of the burgh, where there is no landward parish, as they have been in use before the year 1660. And where there is a considerable part of the paroch in landward, that the call shall be by Magistrates, Town-Council, Kirk-Session, and the heritors of the landward paroch. And in lieu and recompence of the said right of presentation, hereby taken away, their Majesties, with advice and consent foresaid, statute and ordain the Heritors and liferenters of each Paroch, and the Town-Councils for the Burgh, to pay the said Patrons, betwixt and Martinimas next, the sum of six hundred merks, &c. &c.

No. 13.-Act 10, Q. Anne, c. 12.-A.D. 1711. An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that part of Great Britain called Scotland.

"Whereas by the antient laws and constitutions of that part of "Great Britain called Scotland, the presenting of ministers to vacant "churches did of right belong to the patrons, until by the twenty

third act of the second Session of the first Parliament of the late "King William and Queen Mary, held in the year One thousand six "hundred and ninety, intituled, Act concerning Patronages, the pre"sentation was taken from the patrons, and given to the heritors and "elders of the respective parishes; and in place of the right of pre❝sentation, the heritors and life-renters of every parish were to pay "to the respective patrons a small and inconsiderable sum of money, "for which the patrons were to renounce their right of presentation " in all times thereafter: And whereas by the fifteenth act of the fifth "Session, and by the thirteenth act of the sixth Session of the first "Parliament of the said King William, the one intituled, An act for

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encouraging of preachers at vacant churches benorth Forth, and the "other intituled, Act in favour of preachers benorth Forth; there "are several burthens imposed upon vacant stipends, to the prejudice of the patron's right of disposing thereof: And whereas "that way of calling ministers has proved inconvenient, and has not "only occasioned great heats and divisions among those who by the "aforesaid act were entitled and authorized to call ministers, but like"wise has been a great hardship upon the patrons, whose predeces"sors had founded and endowed those churches, and who have not "received payment or satisfaction for their right of patronage from the "aforesaid heritors or life-renters of the respective parishes, nor have "granted renunciations of their said rights on that account;" be it therefore enacted, by the Queen's most excellent Majesty, by and with the advice and consent of the Lords spiritual and temporal, and commons, in this present Parliament assembled, and by the authority of the same, That the aforesaid act made in the year one thousand six hundred and ninety, intituled Act concerning patronages in so far as the same relates to the presentation of ministers by heritors and others therein mentioned, be and is hereby repealed and made void; and that the aforesaid fifteenth Act of the fifth Session, and thirteenth act of the sixth Session of the first Parliament of King William, be and are hereby likewise repealed and made void; and that in all time coming, the right of all and every patron or patrons to the presenta

tion of ministers to churches and benefices, and the disposing of the vacant stipends for pious uses within the parish, be restored, settled, and confirmed to them, the aforesaid acts, or any other act, statute, or custom to the contrary in any wise notwithstanding; and that from and after the first day of May, one thousand seven hundred and twelve, it shall and may be lawful for her Majesty, her heirs and successors, and for every other person or persons who have right to any patronage or patronages of any church or churches whatsoever, in that part of Great Britain called Scotland, (and who have not made and subscribed a formal renunciation thereof under their hands,) to present a qualified minister or ministers to any church or churches whereof they are patrons, which shall, after the said first day of May, happen to be vacant; and the presbytery of the respective bounds, shall, and is hereby obliged to receive and admit in the same manner such qualified person or persons, minister or ministers, as shall be presented by the respective patrons, as the persons or ministers presented before the making of this act ought to have been admitted.

II. Provided always, That in case any patron or patrons have ac cepted of and received any sum or sums of money from the heritors or liferenters of any parish, or from the Magistrates or Town-Coun cil of any borough, in satisfaction of their right of presentation, and have discharged or renounced the same under their hand, that nothing herein shall be construed to restore such patron or patrons to their right of presentation; any thing in this present act to the contrary notwithstanding.

III. Provided also, and it is hereby enacted by the authority aforesaid, That in case the patron of any church aforesaid shall neglect or refuse to present any qualified minister to such church that shall be vacant the said first day of May, or shall happen to be vacant at any time thereafter, for the space of six months, after the said first day of May, or after such vacancy shall happen, that the right of presentation shall accrue and belong for that time to the presbytery of the bounds where such church is, who are to present a qualified person for that vacancy tanquam jure devoluto.

IV. And be it further enacted and declared by the authority aforesaid, That the patronage and right of presentations of ministers to all churches which belonged to Archbishops, Bishops, or other dignified persons, in the year one thousand six hundred eighty-nine, before Episcopacy was abolished, as well as those which formerly belonged to the Crown, shall and do of right belong to her Majesty, her heirs and successors, who may present qualified ministers to such church or churches, and dispose of the vacant stipends thereof for pious uses, in the same way and manner, as her Majesty, her heirs and successors, may do in the case of other patronages, belonging to the Crown.

V. Declaring always, That nothing in this present act contained, shall extend, or be construed to extend, to repeal and make void the aforesaid twenty-third act of the second session of the first parliament of the late King William and Queen Mary, excepting so far as relates to the calling and presenting of ministers, and to the disposing of va cant stipends, in prejudice of the patrons only.

VI. And be it farther enacted, by the authority aforesaid, That all and every patron and patrons, who have not taken, or shall not take, at any time before his or their presenting a minister or ministers to any church or churches aforesaid, the oath appointed to be taken by persons in publick trust, by an act made in the sixth year of her Majesty's reign, intituled, An act for the better security of her Majesty's person and government, shall, and are hereby obliged, at their signing such presentation, to take and subscribe the aforesaid oath before the Sheriff of the shire, Stewart of the stewartry, or before any two or more Justices of the Peace, of the county or place where such patron resides; and in case such patron or patrons, who have not formerly taken the aforesaid oath, refuse or neglect to take the same at the signing of such presentation, that the same shall be and is hereby declared to be void, and the right of presentation, and of the disposing the vacant stipends for that time, shall belong to her Majesty, her heirs and successors, who may present a qualified person to such church or benefice, at any time within the space of six months after such neglect or refusal; any thing in this present act, or in any other act, to the contrary notwithstanding.

VII." And whereas the right of patronage of churches may belong "to Papists;" Be it therefore enacted by the authority aforesaid, That any person or persons, known or suspected to be Papists, and who have a right of presenting ministers, shall be obliged, at or before his or their signing any presentation, to purge himself of Popery, by taking and signing the formula contained in the third act of the Parliament of Scotland, held in the year one thousand seven hundred, intituled, Act for preventing the growth of Popery; and in case such Popish patron or patrons shall refuse to take and subscribe the formula aforesaid, the same being tendered to him or them by the Sheriff of the shire, Stewart of the stewartry, or any two or more Justices of the Peace within their respective jurisdiction, who are hereby impowered to administer the same, the presentation, and the right of disposing the vacant stipends shall, for that time, belong to her Majesty, her heirs and successors, who may present any qualified person or persons within six months after such neglect or refusal; any thing in this present act, or any other act to the contrary notwithstanding.

No. 14.

EXCERPT from Act 5th Geo. I. cap. 29, intituled, "An Act for mak"ing more effectual the Laws appointing the Oaths, for Security "of the Government, to be taken by Ministers and Preachers in "Churches and Meeting-houses in Scotland."

VIII. "And whereas great obstructions have been made to the "planting, supplying, or filling up of vacant churches in Scotland, with ministers qualified according to law, patrons presenting per"sons to churches who are not qualified by taking the oaths appoint"ed by law, or who, being settled in other churches, cannot or will "not accept of such presentations." To the end that such inconvenien

cies may be prevented for the future, Be it enacted by the authority aforesaid, That if any patron shall present any person to a vacant church, from and after the said first day of June, one thousand seven hundred and nineteen, who shall not be qualified by taking and subscribing the said oath in manner aforesaid, or shall present a person to any vacancy who is then or shall be pastor or minister of any other church or parish, or any person who shall not accept or declare his willingness to accept of the presentation and charge to which he is presented, within the said time, such presentation shall not be accounted any interruption of the course of time allowed to the patron for presenting; but the jus devolutum shall take place, as if no presentation had been offered; any law or custom to the contrary notwithstanding.

IX. And be it also further declared and enacted, That nothing herein-contained shall prejudice or diminish the right of the church, as the same now stands by law established, as to the trying of the qualities of any person presented to any church or benefice.

EDINBURGH:

PRINTED BY JOHN STARK, OLD ASSEMBLY CLOSE.