XV.

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.

The Booke of the Universall Kirk of Scotland Wherein the Headis and Conclusionis Devysit Be the Ministers and Commissionaris of the Particular Kirks Thereof, Are Specially Expressed and Contained. · 第 118 / 182 题