ACT OF PARLIAMENT: CONCERNING PATRONAGES. July 19. 1690.
OUR SOVERAIGN LORD and LADY, the King and Queens 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, Annul, and make void, the aforesaid 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 Infestments, Acts, Statutes, and Customes, in so far as they may be extended, or understood, to establish the said Right of Presentation; but prejudice alwayes, of such Ministers as are duly entred by the foresaid Presentations (while in use) their Right to the Manse, Gleib, Benefice, Stipend, and other Profits, of their respective Churches, as accords: And but prejudice to the Patrons, of their right to imploy the vacant Stipends, on pious uses, within the respective Paroches, except where the Patron is Popish, in which case he is to imploy 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 Presbytry, to the uses foresaid; Excepting alwayes the vacand Stipends, within the bounds of the Synod of Argile: And to the effect, the [Page] [Page 1] [...] [Page 2] calling and entring 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 Heretors of the said Paroch (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 Presbytry 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 Heretors of the Paroch, to the Presbytry, for the call and choise of a Minister, within the space of six Moneths, after the vacancy, that then the Presbytry may proceed to provide the said Paroch, 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 Magistrats, Town-Council, and Kirk-Session of the Burgh, where there is no Landward Paroch, 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 the Magistrats, Town-Council, Kirk-Session, and the Heretors of the Landward Paroch. And in lieu and recompense of the said Right of Presentation, hereby taken away; Their Majesties with Advice and Consent foresaid, Statute and Ordain, the Heretors, and Liferenters of each Paroch, and the Town-Councils for the Burgh, to pay to the said Patrons, betwixt and Martinmass next, the sum of six hundred merks, proportionally effeiring to their valued Rents in the said Paroch, viz. two parts by the Heretors, and a third part by the Liferenters, deducing always the Patrons own part, effeiring to his proportion as an Heretor, and that upon the said Patron his granting a sufficient and formal Renunciation of the said right of Presentation, in favours of the said Heretors, Town-Council for the Burgh, and Kirk-Session. And it is hereby Declared, That as to the Paroches, to which Their Majesties have Right to present, upon payment of the said six hundred merks to the Clerk of the Thesaury, Their Majesties shall be fully denuded of Their Right of Presentation, as to that Paroch; and as to other Patrons, if they refuse to accept the said six hundred merks, the same is to be consigned in the hands of a responsable person in the paroch, upon the hazard of the Consigners, not to be given up to the Patron, until he grant the said Renunciation; allowing in the mean time, the Heretors, and Kirk-Session, to call the Minister, conform to this Act; And Ordains Letters of Horning to be direct at the Instance of the Patron, against the Heretors and others; who shall not make payment of the said six hundred merks, after the said term of Martinmass next; and likewise at the Instance of the Heretors, and others willing to pay, against these who are unwilling: and in case the Patron be unwilling, to accept the said sum, or the Heretors and others aforesaid, unwilling to pay, Ordains Letters of Horning to be direct at the instance of Their Majesties Sollicitor, against either of them. And further, Their Majesties with Advice and Consent foresaid, Statute, Enact, and Declare, That the Right of the Teinds, of the saids Paroches, [Page 3] which are not Heretably Disponed, shall by vertue of this present Act, belong to the said Patrons, with the burden always of the Ministers Stipends, Tacks, and Prorogations, already granted of the said Teinds, and of such augmentations of Stipends, future Prorogations, and Erections of new Kirks, as shall be found just and expedient, providing the saids Patrons, getting right to the Teinds, by vertue of this present Act, and who had no right thereto of before, shall be; Likeas, They are hereby obliged to sell to each Heretor the Teinds of his own Lands, at the rate of six years purchase, as the same shall be valued by a Commission, for Valuation of Teinds: And whereas there are certain Lands and Annualrents holden of the said Benefices, and Beneficed persons, from which the Patrons might have some benefit arising to them; It is hereby Ordained, That the Right of Superiority of the saids Lands and Annualrents, shall belong to Their Majesties in all time coming, with all the whole Casualities and Emoluments thereof, notwithstanding of any former Act of Parliament in the contrair; Reserving notwithstanding to the Patrons, the Feu-farms, and Feu-mails of the said Superiorities, ay and while they receive payment and satisfaction from Their Majesties, of the price thereof, at the rate of 1000 merks for each Chalder of Victual over-head, and for each hundred merks of Feu-mail, except where the said Feu-farms are a part of the Ministers modified Stipend, or where the Ministers is, and has been in possession thereof by the space of ten years, or where he has the full Benefice, in which cases they are to be irredeemable. Excepting likewise from this Act the Superiorities belonging to the Deanry of Hamilton, and the Provostry of Bothwell, whereunto the Duke of Hamilton has Right, which are no ways hereby prejudged.
GOD save King WILLIAM and Queen MARY.