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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 vacant 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, intitled, 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.

INDEX.

ACTS OF ASSEMBLY.

References to the Paragraphs.

A

Licentiates and Presentees, (act 9, 1779,) (5, 1799,) 152,—(10, 1711,)
154, (8, 1813,) (7, 1827,) (8, 1832,) 153,—(6, 1761,) 156,—(1638,)
244, 245, (6, 1817,) 251.

Simony, (5, 1753,) 178,—(8, 1759,) 179,—(1820,) 130, note.

Calls, (1562,) 193,-(1578; 1581; 1638,) 194,-(4, 1649,) 200,-
(1748,) (1782,) 202.

Transportation, (1642; 7, 1704; 8, 1716; 9, 1726,) 263, et seq.
Acts of Parliament. See Statutes.

Admission of Presentee, 260.

Age of Presentee, 150, 244.

Assistants and Successors may be appointed, 87, et seq.

Case of Tron Church, Note of Lord Moncrieff, 90, note.
Consent of incumbent, 92,-if insane, 93, et seq.

B

Benefice distinct from Pastoral Office, 1, 186, 189, et seq. 242.

Bishops restored, 16,—rights of, 29, et seq.

Blind, if candidate for License, 156, 157.

C

Candidates for License, course of study, &c. required, 153.
Calls, 3, 14, 17, 189, et seq.-required by Assembly, 193,-form of,
197,--disregarded under Episcopacy, 198,-acts of Assembly, 200,
et seq.—statutes, 206, et seq. App.-effect of dissent of congregation,
225, et seq.-decisions of Assembly, 230,-procedure in moderating
call, 234, et seq.-presented to presbytery, 237,-objections, 238,

et seq.

Certificates of Students, 153, et seq.

Chair in University, if held by presentee, 167, 251.

Church Courts, jurisdiction of, 274, et seq.

Commissioner, presentation by, 113,-alone, required to qualify, 117,

et seq.-Presbytery may judge of regularity of commission, 279.

Congregation, their right to elect minister, 3, 14, 17, 191, 200,-dis-
sent of, 222, et seq.-object to transportation, 262. See Calls.

Conveyance of right of patronage effectual, 81, et seq.-not by Magis-
trates of royal burgh, 84.

Corporation, patronage of, 108.

Course of study required in candidates, 153.

Court of Session, jurisdiction of, 173, 187, 274, et seq.

Curators consent to presentation by minor, 99.

Deaf, if candidate for license, 156.

D

Discipline, books of, 2, 3, 13, 14, 191.

Second book adopted by Assembly, 194.

E

Election of ministers, 3, 14, 17, 191, 225. See Calls.

Episcopacy, 16, 31, 39, et seq.

Examination of presentee, 242, et seq.-if Presbytery dissatisfied, 254,

et seq.

F

Females admitted to vote for presentation of minister, 109.

Feuars, vote of, in election of minister, 109.

Fiars or liferenters entitled to present, 96.

Fruits of benefice, retention of, 7, 283, et seq.

G

Gaelic language required in presentee where spoken, 169, 170, 247.

H

Heritors and elders to elect ministers, 19,-how to vote, 103, 106, et

seq.

Heritors no title to reduce a grant of patronage, 85.

Heritors and tenants, 109.

Heritors, elders, and parishioners, their title to object to presentation,

119, et seq.

House of Lords, jurisdiction of, 274, et seq.

I

Incumbent, consent of, to appointment of assistant and successor, 92,
—insanity of, 98, et seq.

Intrusion, 3, 192, et seq. See Calls.

J

Jurisdiction of Civil and Church Courts, 274, et seq.

Jus Devolutum of Presbyteries, 110, 114, 115, et seq.-under Canon

Law, 126,-after Reformation, 127, et seq.-commencement and cur-
rency of six months, 131, et seq. 165, 166.

Kirk-session, right to present, 200.

Knox, John, call of, 196, note.

K

L

Libel against presentee, 234, 239, 240, 243.

License by Presbytery, 150, et seq.-if candidate blind or deaf, 156,
157,-Relief minister applying for, 158,-to be produced to Presby-
tery, 164.

Licentiate of foreign churches formerly received, 152,-course of
study and trials, 153, et seq.-questions, oaths, &c., 154, et seq. See

Presentee.

Liferenters or Fiars entitled to present, 96.

M

Magistrates of Royal Burgh cannot alienate patronage, 84.
Married woman, presentation by, 98.

Ministers, their right to spiritual office and temporal emoluments dis-
tinct, 1, 186, 189, et seq. 242, et seq.—after Reformation without legal
provision, 2, 10,-not to be intruded on a congregation, 3, 192, 194,
et seq.

of Relief Synod applying to be admitted, 158.

See Calls-Presentee.

Minor may present with consent of Curators, 99.

Moderating in a Call, 233.

Moncrieff, Lord, opinion by, 90.

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Oaths to be taken by Patrons, 115, 141,-Commissioners, 117,-Licen-
tiates, 159,-Oaths of Allegiance, Assurance, and Abjuration, 159,
161, Notes, 162,-as to Simony, 180.

Objections to presentee, 196, et seq. 225, et seq. 234, et seq. 257, 262.
Ordination, 258, et seq.

P

Parishes which obtained patronage under 1690, 20, note.

Pastoral Office, distinct from Benefice, 1, 186, 189, et seq., 242, et seq.
Patrons, their original Rights and Privileges, 5, 6, 7,—Title of, 23, et
seq.-exercise of their right, 86, et seq.-Patrons alternis vicibus,
102-110,-where proper turn omitted, 111,-cannot present him-
self, 112, — may appoint by Commissioner, 113-117,-oaths by,
115, et seq., 124,-Popish Patron, 118, et seq.-must present within
six months after vacancy, 129, et seq.-how to be calculated, 131,

6

et seq.-how currency suspended, 134, et seq. 165, 166,-Patrons for-
merly entitled to vacant stipends, 218, 283.

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Patronage prior to Reformation, 8, 9,-given to the Kirk, by 1567, c. 7,
except Laic Patronages, 10, App. II.-Patronages of Popish Church
claimed by James VI., 12,-remonstrated against by the Kirk, 13, et
seq. Patronage abolished, 17,-restored, 18, again annulled, 19,
App. VI.-restored, 10 Anne, c. 12, 20, App. VII.—remonstrated against
by Church, 21,-patronage, an heritable right, 23,-transference and
completion of right, 24, et seq.-history of Patronages belonging to
Bishops and Religious Houses, 29, et seq.-Prescription, 47,-what
"continual" possession, 50, et seq.-In united parishes, 68, 69,—can-
not be lost by mere neglect, 70,—in individuals jointly, 72,. et seq.—
of a new parish formed out of others, 75,-may be conveyed to
heritors and tenants, 81,-to a widow as liferent provision, 83,
-magistrates cannot alienate, 84,-in united parishes, patronage
per vices, 100,-of heritors, 103, et seq. 109,-of corporation, 108.
Acts of Assembly regarding Calls and Patronage, 192, et seq.-
Statutes, 206, et seq. Appendix.

Purchase of Patronage under 1690, 19, 20, 221,-restored to Patrons
223, Appendix.

People, their right to elect Minister, 3, 17,—to Call, 188, et seq. 200,
-to object to Presentee, 165, 166, 242,-to oppose Transportation,

262.

Pluralities, 166, 250, et seq.

Popery abolished, 10.

Popish Patron, Presentation by, 118, 279.

Possession of Patronage, what necessary, 48.

-

Presbytery to settle Ministers with consent of Congregation, 17,-Jus
Devolutum of, 110-114, et seq.-under Canon Law, 126, — after
Reformation, 127, et seq.—six months how to be calculated, 131, et
seq. 165, 166,—Licensing Candidates, 150, et seq.-Power as to Calls,
190, et seq.-what effect to give to dissent of Congregation, 225,—
Examination, Ordination, and Admission of Presentee, 242, et seq.-
jurisdiction regarding presentations, 274, et seq.-sole judge of lite-
rary and moral qualifications, 272—294.

Prescription of right to Patronage, 47,-what "continual" possession,
50, et seq.-in united parishes, 68, et seq.

Presentation, 86, et seq.-of assistants and successors, 88, et seq.-
by liferenter, 96,-by deposed minister, 97,-by married woman,
98,-by tutors and curators, 99,-in united parishes, 100,-per
vices, 102–110,—by a class of persons, 103, et seq.—within six
months of vacancy, 127, et seq.-commencement and currency of
term, 131, et seq.-in case of settled ministers, 165, 166,-essentials
of presentation, 169, 186,—if obtained by simony, 172, et seq.-title
to benefice, 169, 242,-jurisdiction of civil and church courts as to
presentations, 274, et seq.-See Patron, Patronage, Presentee.

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