APPENDIX.

ANN.

ANN or Annat is the right which law allows to the executors of a minister, of half a year's stipend, over and above what was due for his incumbency, payable immediately after his death. By some early decisions it was extended to a whole year's stipend, but it was afterwards limited, and is now finally settled by the following provision; that if a minister live after Whitsunday, his executors are entitled to one half of that year's stipend in right of his benefice, and to the other half in name of Ann: And that, if he survive Michaelmas, his executors are entitled to the whole of that year's stipend in right of the benefice, and to one half of the following year's stipend, in name of Ann ".

The Ann is now the right of all ministers indiscriminately; and is due to the executors of the minister of a burgh, whose stipend is not paid from teinds, but from the revenues of the burgh or a fund from voluntary subscription c.

The right of Ann does not extend to the glebe or manse. If a minister, before his death, sow the glebe, his heirs are entitled to reap the fruits, according to the rule messio sequitur

a Durie, July 19, 1626, Marischal.

b Act 1672, c. 13.

c Fountainhall & Forbes, Shiels v. Earl of Crawford, 8th Feb. 1709. Hutcheson v. Magistrates of Edinburgh, 9th June 1747.

T

servitem. But an heir or executor cannot after the incumbent's death, pretend to sow the glebe even although the seedtime be arrived. Where the lands are possessed by a tenant, and the minister die after November, and though the tenant has sown them with wheat; he cannot be removed till he has reaped the crop; but the executors of the deceased minister have no right to the rent, one half of which goes as vacant stipend, and the other to the succeeding minister d. Neither the widow nor the children are entitled to possess the manse beyond the next term of Whitsunday or Martinmas after the minister's death; during which space, they are presumed to have had sufficient time to provide themselves with another residence. They are entitled also to the next term after the minister's death, to continue in possession of such pastures as attach to the benefice.

There exists a difference of opinion as to the mode of proportioning the Ann. It is supposed by some, amongst whom is Mr Erskine, that it ought to be subject to the rules of succession in moveable property, by which, where there is a widow and children, one third goes to the widow, the other to the children, and the remainder, denominated "deads part,” falls also to the children. But it has been determined, that the Ann stands upon a different footing from that of other moveable subjects; it never in any way belonged to the deceased; but is a legal gratuity vested in his widow and children, and therefore admits only of a two-fold division; one of which goes to the widow by herself, and the other per capita to the children. Where there is a widow without children, the widow gets the one half, and the nearest of kin, the other. If there be children and no widow, the children get the whole, to the entire exclusion of the other relatives of the deceased; and where he has left neither widow nor child, the whole Ann goes to the next of kin '.

d Sir Robert

v. Carstairs, 18th June, 1807. Ersk. B. II. tit. 10. § 67. e Children of Macdermit v. Montgomery, 14th July, 1747. f Stair, July 6, 1665, Colvil.

The executors of a minister have right to the Ann, " without necessity or expense of confirmation," which is the method the law has appointed to perfect titles to the moveable property belonging to the deceased, in the person of his nearest of kin; and therefore, a form of this kind is unnecessary to vest the right .

The Ann belonging only to the executors of a minister, he is not entitled, were he so inclined, to give it away or impair it by legacies". Nor can the Ann be attached or affected by the creditors of an insolvent minister i.

The Ann is due only where the minister has died an incumbent of a parish. Therefore when he is translated to another benefice, no Ann is due; or when he has been deposed, or has resigned his living, at his death there is no Ann, But the sentence of a church court suspending a minister from his office, will not affect the Anni.

The Ann is burdened with a sum, equal to the one half of the annual rate at which the incumbent has been in the use of contributing to the fund for the widows of ministers *.

CHURCH GOVERNMENT.

The form of church government underwent repeated changes in Scotland, after the reformation. It fluctuated between presbytery and episcopacy for a long series of years; but at length the presbyterian mode was established at the revolution', and confirmed at the union. It was then declared to be the only, and the unalterable government of the church within Scotland; and the inhabitants to be free from any oath, test, or subscription contrary to, or inconsistent with the protestant religion, and presbyterian church government as established by law ".

g Act 1672, c. 13.

h Alexander v. Cunningham, 18th March, 1686, Fountainhall.

i Donaldson v. Brown, 20th February, 1694, Fountainhall.

j Widow of Shiels v. Heritors of West Calder, 26th January, 1670, Stair.

k Acts 17 Geo. II. c. 11. § 16. and 19 Geo. III. c. 20. § 14.

1 Act 1790, c. 5.

In Act 1707, c. 6.

Presbyterian church government consists of kirk sessions, presbyteries, synods, and general assemblies". Each of these courts is composed partly of clergymen, and partly of laymen, who bear office in the church, under the denomination of elders. The kirk-session is composed of the minister or ministers of each parish, with two or more elders, who superintend the concerns of that individual parish, under the review of the presbytery. Presbyteries consist of several ministers of contiguous parishes, with an elder from each; and their business is to inflict censures, plant ministers in vacant churches, ordain them, translate them from one church to another, suspend them from the exercise of their office, and deprive them of the office itself. But an appeal lies from all sentences of the presbytery to the provincial synod; which is composed of several adjacent presbyteries, with an elder from each, and which is chiefly a court of review: An appeal is also competent from this court to the general assembly. The chief business of this venerable court, which is the supreme ecclesiastical tribunal, and admits of no appeal, except in a few instances to the imperial parliament, besides the discussion and determination of appeals from all the other ecclesiastical courts in Scotland, is to define or explain articles of faith, condemn heretical opinions, and lay down regulations for the better establishment of the government and discipline of the church; but all their resolutions must be consistent with the laws of the realm, from which the church derives its authority".

Besides the jurisdiction of the church in spiritual matters, which, in general, is exercised by all the courts, there is a civil jurisdiction peculiar to some of them, consisting of the following particulars. Presbyteries have, in some respects, the charge of parochial schools and schoolmasters P. Heritors being appointed to provide a school-house and modify a salary for a master, if they fail to do so, or neglect to fill up a vacancy

П Act 1592. c. 116. 43 Geo. III. c. 54.

o Ibid. ut supra.

P Acts 1696. c. 26. and