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,) Simony, (5, 1753,) 178,—(8, 1759,) 179,—(1820,) 130, note. Calls, (1562,) 193,-(1578; 1581; 1638,) 194,-(4, 1649,) 200,- Transportation, (1642; 7, 1704; 8, 1716; 9, 1726,) 263, et seq. 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. 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. 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- Conveyance of right of patronage effectual, 81, et seq.-not by Magis- 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, 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- 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, Licentiate of foreign churches formerly received, 152,-course of Presentee. Liferenters or Fiars entitled to present, 96. M Magistrates of Royal Burgh cannot alienate patronage, 84. Ministers, their right to spiritual office and temporal emoluments dis- 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. Oaths to be taken by Patrons, 115, 141,-Commissioners, 117,-Licen- Objections to presentee, 196, et seq. 225, et seq. 234, et seq. 257, 262. P Parishes which obtained patronage under 1690, 20, note. Pastoral Office, distinct from Benefice, 1, 186, 189, et seq., 242, et seq. 6 et seq.-how currency suspended, 134, et seq. 165, 166,-Patrons for- Patronage prior to Reformation, 8, 9,-given to the Kirk, by 1567, c. 7, Purchase of Patronage under 1690, 19, 20, 221,-restored to Patrons People, their right to elect Minister, 3, 17,—to Call, 188, et seq. 200, 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 Prescription of right to Patronage, 47,-what "continual" possession, Presentation, 86, et seq.-of assistants and successors, 88, et seq.- |