Report of the Auchterarder Case: The Earl of Kinnoull, and the Rev. R. Young, Against the Presbytery of AuchterarderAdam and Charles Black, 1838 |
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Page 30
... statutes , maid at any " time before the daye and dait hereof , against the liberty of the " trew kirk , jurisdiction , and discipline thereof , as the samin is " used and exercised within this realme . " Thus the statute adopts not ...
... statutes , maid at any " time before the daye and dait hereof , against the liberty of the " trew kirk , jurisdiction , and discipline thereof , as the samin is " used and exercised within this realme . " Thus the statute adopts not ...
Page 32
... statute 1592 , may perhaps recall to the recollection of such of your Lordships as have been members of the General ... statute , they must also do the duties which are at the same time enjoined . It is they who are to give collation on ...
... statute 1592 , may perhaps recall to the recollection of such of your Lordships as have been members of the General ... statute , they must also do the duties which are at the same time enjoined . It is they who are to give collation on ...
Page 33
... statute and compact , to which I have drawn the attention of your Lord- ships , there be any trace of a right of absolute dissent , or veto , by the congregation , as a condition of the sufficient exercise of the patron's right ? No ...
... statute and compact , to which I have drawn the attention of your Lord- ships , there be any trace of a right of absolute dissent , or veto , by the congregation , as a condition of the sufficient exercise of the patron's right ? No ...
Page 34
... statute 1592 , c . 116 , was repealed by the statute 1612 , c . 1 , whereby episcopacy was re - established in Scotland . Under the last mentioned statute it is declared , if The Bishop shall refuse to admit any qualified minister ...
... statute 1592 , c . 116 , was repealed by the statute 1612 , c . 1 , whereby episcopacy was re - established in Scotland . Under the last mentioned statute it is declared , if The Bishop shall refuse to admit any qualified minister ...
Page 35
... statute 1592 , ch . 117 , " and at common law , the patron had always a right to administer " the fruits of a benefice while it remained vacant , and the same " right has been acknowledged to belong to them , in regard to the " stipend ...
... statute 1592 , ch . 117 , " and at common law , the patron had always a right to administer " the fruits of a benefice while it remained vacant , and the same " right has been acknowledged to belong to them , in regard to the " stipend ...
Common terms and phrases
act of Assembly acts of Parliament admission of ministers appears appointed Auchtermuchty authority benefice Book of Discipline bytery church and parish church courts Church of Scotland civil court civil right claim collation competent conclusions concurrence congregation consent declaratory declared defenders dissent doctrine duty ecclesiastical effect election enactment entitled established exercise favour foresaid give ground heads of families heritors and elders illegal induction judge judgment jurisdiction jus devolutum kirk learned friend legislative legislature Lord Lordships majority male heads matter moderation nomination objections opinion ordination parish of Auchterarder party pastor patron patron's right pres presby Presbyterian Church government Presbytery of Auchterarder presentee principle proceed proceedings pursuers question receive and admit reference Reformation refuse regulation rejection right of patronage right of presentation Robert Young sentee sentence settled settlement spiritual statute stipend summons sustained Synod tery tion trial tron ultra vires vacant veto
Popular passages
Page 25 - ... as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion ; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent judge to alter or vary from, according to his private sentiments...
Page 350 - Church; to receive complaints in cases of mal-administration, and authoritatively to determine the same: which decrees and determinations, if consonant to the Word of God, are to be received with reverence and submission, not only for their agreement with the Word, but also for the power whereby they are made, as being an ordinance of God, appointed thereunto in his Word.
Page 306 - Right, it is declared, that Prelacy, and the superiority of any office in the church above presbyters, is and hath been a great and insupportable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the Reformation, they having reformed from Popery by presbyters, and therefore ought to be abolished...
Page 106 - It belongeth to synods and councils, ministerially, to determine controversies of faith, and cases of conscience; to set down rules and directions for the better ordering of the public worship of God, and government of his Church; to receive complaints in cases of maladministration, and authoritatively to determine the same...
Page 25 - And therefore, even, so early as the conquest, we find the " praeteritorum memoria eventorum" reckoned up as one of the chief qualifications of those who were held to be "legibus patriae optime instituti." (o) For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion...
Page 33 - And I consent to the registration hereof in the books of council and session, or any other judges books competent; therein to remain for preservation; and thereto I constitute my procurators, &c.
Page 407 - ... heads of families, members of the vacant congregation and in full communion with the Church, shall disapprove of the person in whose favour the call is proposed to be moderated in, such disapproval shall be deemed sufficient ground for the presbytery rejecting such person, and that he shall be rejected accordingly and due notice thereof forthwith given to all concerned...
Page 407 - And farther declare, that no person shall be held to be entitled to disapprove as aforesaid, who shall refuse, if required, solemnly to declare in presence of the Presbytery, that he is actuated by no factious or malicious motive, but solely by a conscientious regard to the spiritual interests of himself or the congregation.
Page 338 - ... the major part of the male heads of families, members of the vacant congregation, and in full communion with the church, shall disapprove of the person in whose favour the call is proposed to be moderated in, such disapproval shall be deemed...
Page 8 - Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death of C.