Vnqualified persones being deprived, the Benefice vaikis, and the
Patron not presentand, the richt of Presentation pertaines to
the Presbytery, but prejudice of the tackes, set be the person
deprived.--Act 1592, c. 117.[41]
Our Souerane Lord Considering the greit abuses quhilkis ar laitlie
croppen in the Kirk, throw the misbehaviour of sik personis as
ar providit to ecclesiasticall functionis: sic as personages and
vicarages within any parrochin, and thairefter neglecting thair
charge, ather levis thair cure, or ellis committis sik crymes,
faultis, or enormities that they are fund worthie of the sentence
of deprivatioun, ather befoir thair awin presbiterie, or ellis
befoir the Sinodall and Generall Assemblies. Quhilk sentence is the
less regardit be thame, Because, albeit they be deprivit of their
functioun and cure within the Kirk: zit thay thinke they may bruike
lawfully the profites and rentes of their saids benefices, enduring
their lyfetymes, Notwithstanding the said sentence of deprivatioun:
Thairfore, our Soverane Lord, with avice of the Estaitis of this
present Parliament, declaris, that all and quhatsumever sentence
of deprivatioun, ather pronouncit already, or that happenis to
be pronouncit hereafter, be ony Presbyterie, Synodall or General
Assemblie, agains ony persone or vicare within their jurisdictioun,
provydit sen his Hienes coronation: (All personis provydit to
personages and vicarages, quha hes voit in Parliament, Secreit
Councill, and Sessioun, or providit thairto of auld, befoir the
Kingis coronatioun, And Maister _George Young_, Archidene of _Sanct
Androis_, being specially exceptit,) is and sal be repute in all
jugementis, ane just cause to seclude the persone befoir providit,
and than deprivit frome all profites, commodities, rentis, and
deweties of the said personage and vicarage, or benefice of cure: And
that ather be way of actioun, exceptioun, or reply. And that the said
sentence of deprivatioun salbe ane sufficient cause to mak the said
benefice to vaike thereby. And the said sentence being extractit and
presentit to the Patroun, the said Patroun sal be bund to present
ane qualifiit persone of new to the Kirk, within the space of sex
monethis thairefter: And gif he failzie to do the same, the said
Patroun sal tyne the richt of presentatioun for that tyme allanerlie:
And the richt of presentatioun to be devolvit in the handes of the
Presbytery within the quhilk benefice lyes; to the effect that
thay may dispone the same, and gif collatioun thereof, to sik ane
qualifiit persone as they sall think expedient. Providing allwayes,
in caise the Presbytery refuises to admit ane qualifiit minister,
presentit to thame be the Patroun: It sall be lauchfull to the
Patroun to retene the haill fruitis of the same benefice in his awin
handes. And forder, his Heines and Estaitis foirsaides declairis,
that the deprivatioun already pronouncit, or to be pronouncit, be
ony Presbytery, Synodall or Generall Assemblies, agains ony of the
personis or vicaris foirsaid, sall nawayes hurte or be prejudiciall
to ony tackes, lawchfullie set be that persone deprivit, befoir his
deprivatioun, to quhatsumevir personis.