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is incompetent, every step he takes must be null, the English privy council had at the time of the till his jurisdiction be made competent by the union. party's actual fubmiffion to it. It is otherwise 4. A court was erected in 3425, consisting of where the judge is competent, but may be de certain persons to be named by the king, out of clined by the party upon privilege.

the three estates of parliament, which was vefted 14. In order to prorogation, the judge must with the jurisdiction formerly lodged in the coun. have jurisdiction, such as may be prorogated. cil, and got the name of the session, because it Hence prorogation cannot be admitted where the was ordained to hold annually a certain number judge's jurisdiction is excluded by statute. Yet of fefiions at the places to be specially appointed where the cause is of the same cature with those by the king. This court had a jurisdiction, cuto which the judge is competent, though law mulative with the judge ordinary, in spuilzies and may have confined his jurisdiction within a cer- other possessory actions, and in debts; but the tain fum, parties may prorogate it above that judge ordinary had no cognisance in questions of fum unless where prorogation is prohibited. Pro- property of heritable subjects. No appeal lay rogation is not admitted in the king's causes; for from the judgments of the session to the parliathe interest of the crown cannot be hurt by the ment: The judges of this court served by rota. negligence of its officers.

tion, and were changed from time to time, after 15. All judges muft at their admission swear, 1. having sat 40 days. They became so negligent The oath of allegiance, and subscribe the assurance; in the adminiftration of justice, that it was at last 2. The oath of abjuration 3 3. The oath of supre- thought necessary to transfer their jurisdiction to macy; 4. lastly, The oath de fideli admirifratione. a council to be named by the king, called the

16. A party who bas either properly declined daily council. the jurifdi&tion of the judge before whom he had s. The model of the court of session, or college been cited, or who thinks himself aggrieved by of justice, was formed in the reign of James V. any proceedings in the cause, may, before decreé, The judges, who were vested with an universal apply to the court of session to issue letters of ad- civil jurisdi&ion, consisted originally of 7 churchvocation for calling the action from before the in- men, 7 laymen, and a president, whom it beferior court to themselves.

hoved to be a prelate; but spiritual judges were 17. That the court of feffion might not waste in 1584 partly, and in 1640 totally prohibited. their time in trifles, no cause for a fum below 12l. The judges of the court of session have been alSterling could, as the law formerly stood, be ad. ways received by warrants from the crown. An. vocated to the court of session from the inferior ciently the king feems to have transferred to the judge competent; and now, by act 50 Geo. III. c. court itself the right of choosing a president; and 112, all caufes not exceeding 25l. in value fhall in a federunt recorded June 26, 1593, K. James be carried in the first instance before the inferior VI. condescended to present to the lords, upons judge ; but if an inferior judge shall proceed upon evety vacancy in the bench, a list of three persons, a cause to which he is incompetent, the caufe out of which they were to choose one. "But he may be carried from him by advocation, let the foon resumed the exercise of both rights, which fubje&t be ever so inconsiderable.

continued with the crown till the usurpation; SECT. II. Of tbe SUPREME JUDGES and COURTS the judges of the feffion, by the advice of parlia

when it was ordained, that the king Tould name of SCOTLAND.

ment. After the restoration, the nomination was 1. THE KING, who is the fountain of jurif again declared to be solely in the sovereign. diction, might, by our ancient conftitution, have 6. Though judges may, in general, be named judged in all causes, either in his own person, or at the age of 21 years, the lords of feflion must be by those whom he was pleased to vest with juris- at least 25. No person can be named lord of diction ; but the whole power is now vested in session, who has not served as an advocate or the latter.

principal clerk of Teslion for s years, or as a writer 2. The PARLIAMENT of Scotland, as our court to the signet for 10; and in the case of a writer of the last refort, had the right of reviewing the to the fignet, he must undergo the ordinary trials fentences of all our supreme courts.

of an advocate upon the Roman law, and be 3. By the treaty of Union, in 1907, the parlia- found qualified two years before he can be named. ments of Scotland and England are united into Upon a vacancy in the bench, the king presents one parliament of Great Britain. From this pe. the successor by a letter adressed to the lords, in rod, the British house of peers, as coming in place which he requires them to try and admit the per. of the Scots parliament, is become our court of fon presented. The power to reject the presenthe last resort, to which appeals lie from all the tee upon trial is taken away, and a bare liberty fupreme courts of Scotland: but that court has 'to remonftrate substituted. Do original jurisdiction in civil matters, in which 7. Besides the 15 ordinary judges, the king was they judge only upon appeal. By art. 22 of that allowed to name 3 or 4 lords of his great council, treaty, the Scots Mhase of the representation in the who might fit and vote with them. These exboule of peers is fixed to 16 Scots peers elective ; traordinary lords were suppressed in the reign of and in the house of commons to 45 commoners, George I. At the commencement of the winter of whom 30 are elected by the freeholders of session 1808, these 15 ordinary judges were sepacounties, and 15 by the royal boroughs. The rated into two divisions, the one confilling of 8, Scots privy council was also thereupon abolished, and the other of a members. Each division porand funk into that of Great Britain ; which for the sesses the same powers, and carries on actions unfuture is declared to have no other powers than der the same forms, as the whole did formerly,

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fides this universal court, special justice ayres were 8. The appellation of the COLLEGE OF JUS- held in all the different shires in the kingdom twice TICE is not confined to the judges, who are dif- in the year. These last having gone into disuse, finguished by the name of fenators; but compre. 8 deputies were appointed, two for every quarter hends advocates, clerks of sellion, writers to the of the kingdom, who Mould make their circuits fignet, and others, as described in an act of fede over the whole in April and O&tober. runt, 23d Feb. 1687. Where, therefore, the col- 12. The office of deputies was suppressed in lege of justice is entitled to any privilege, it ex- 1672 ; and s lords of session were added, ás comtends to all the members of the college. They missioners of justiciary, to the justice-general and are exempted from watching, warding, and other justice-clerk. The jutice-general, if present, is services within the borough ; and from payment conftant president of the coort, and in his absence of ministers stipends, and of all customs, &c. im. the justice-clerk. The kingdom is divided into 3 posed upon goods carried to or from Edinburgh, districts, and two of the judges are appointed to Several of these privileges and immunities were hold circuits in certain boroughs of each diftri& called in question by the city of Edinburgh of late twice in the year; one judge may proceed to bu. years; but they were found by the court of fef- liness in the absence of bis colleague. In trials be. fion to be in full force; and their decision having fore this court the evidence was always taken been appealed from to the House of Lords, was down in writing till the act 23d Geo. III. was paffaffirmed.

ed; by which the judges may try and determine 9. Though the jurisdiction of the fellion be all causes by the verdi&t of an asize, upon exaproperly limited to civil causes, the judges have mining the witnesses viva voce, without reducing always sustained themselves as competent to the the testimony into writing, unless it shall appear crime of falsehood. Where the falsehood de- more expedient to proceed in the former way, ferves deaih or demembration, they, after finding which they have it in their power to do. This the crime proved, remit the criminal to the court act was at first temporary, but is now made perof juriciary. Special statute has given to the court petual by 27th Geo. III. cap. 18. of sellion jurisdiction in contraventions of law- 13. By an old fatufe, the 'crimes of sobbery, burrows, deforcements, and breach of arrestment; tape, murder, and wilful fire-railing (the four and they have been in use to judge in battery pen- pleas of the crown), are said to be reserved to the dente lite, and in usury.

king's court of justiciary ; but the only crime in 10. In certain civil causes, the jurisdiction of which, in practice, the jurisdiction of justiciary the session is exclusive of all inferior jurisdic- became at last exclusive of all inferior criminal tions; as in declarators of property, and other jurisdiction, was that of high treason. The court competitions of heritable rights, provings of the of justicary, when iting at Edinburgh, has a tenor, cessiones bonorum, reftitution of minors, re- power of advocating causes from all inferior cri: ductions of decrees or of writings, fales of the minal judges, and of suspending their sentences. eftates of minors or bankrupts, &c. In a ad class 14. The CIRCUIT COURT can also judge in all of causes, their jurisdiction can be exercifed only criminal causes which do not infer death or de. in the way of review, after the cause is brought membration, upon appeal from any inferior cours from the inferior court; as in maritime and con- within their district ; and has a supreme civil juris. fiftorial causes, wbich must be pursued in the first diction, by way of appeal, in all causes not exceed. instance before the admiral or commissary; and ing 12l. Sterling, in which their decrees are not in actions below 251. Sterling, which must be com- subject to review ; but no appeal is to lie to the menced before the judge ordinary. In all civil circuit, till the cause be finally determined in the actions, which fall under neither of these claffes, inferior court. ? the jurisdiction of the leflion is concurrent, even 15. The court of EXCHEQUER, as the king's in the first inftar.ce, with that of the judge ordi- chamberlain court, judged in all quesions of the nary. The seffion may proceed as a court of revenue. In pursuance of the treaty of Union, equity by the rules of conscience, in abating the that court was abolithed, and a new court ere&ted, rigour of law, and giving aid in proper cales to consisting of the Lord High Treasurer of Great such as in a court of law can have no remedy; Britain, and a chief Baron, with 4 Other Barons of and this power is inherent in the supreme court Exchequer; which barons are to be made of fera of every country; where separate coorts are not jeants at law, English barristers or Scots adsoestablished for law and for equity. This court cates of s years standing. This court has a priformerly met upon the 12th of June, and rolė Vative jurisdiction conferred upon it, as to the dua upon the irth of August, for the summer fesfion; ties of customs, excise, or other revenues apperbut now, io consequence of an act palled in the taining to the king or prince of Scotland, and as feffion of parliament, 1790, it meets on the 12th to all honours and estates that may accrue to the of May, and rises on the 17th of July, for the fum- crown; in which matters, they are to judge by mer feffion ; the winter sederunt being still held the forms of proceeding used in the English court as formerly, viz. from the 12th of November to of Exchequer, under the following limitations : the sith of March inclusive.

that no debt due to the crown hall affect the 11. The supreme criminal judge was styled the debtor's real estate in any other manner çhan such Justiciar; and he had anciently an universal civil estate may be affected by the laws of Scotland, jurisdiction, even in matters of heritage. He was and that the validity of the crown's titles to any obliged to hold two justice courts of ayres yearly honours or lands Mall continue to be tried by the at Edinburgh or Peebles, where all the freehold court of session. The barons have the powers of

the

the Scots court transferred to them, of passing the issuing from the chancery, as of inquest, terce, accounts of sheriffs or other officers who have the divifon, tutory, &c.; and even to adjudications execution of writs illuing from, or returnable to, of land estates, when proceeding on the renuncia, the court of exchequer, and of receiving resigna- tion of the apparent heir. His present criminal tions, and passing fignatures of charters, gifts of jurisdiction extends to certain capital crimes, as casualties, &c. But though all these must pass in theft, and even murder, though it be one of the exchequer, it is the court of session only who can pleas of the crown ; and he is competent to moft judge of their preference after they are completed. questions of public police, and has a cumulative

16. The jurisdiction of the ADMIRAL in mari: jurisdi&ion with justices of the peace in all riots time causes was of old concurrent with that of the and breaches of the peace. session. The high admiral is declared the king's 3. Sheriffs have a ministerial power, in virtue of justice.general upon the seas, on freth water with- which they return juries, for the trial of causes in food-mark, and below the first bridge, and in that require them. The writs for electing memall harbours and creeks. His civil jurisdiction ex- bers of parliament have been, since the union, die tends to all maritime causes; and fo comprehends rected to the sheriffs, who, after they are execuquedions of charter-parties, freights, falvages, bot- ted, return them to the crown office from whence tomries, &c. He exercises this supreme jurisdic- they issued. They also execute writs issuing from tion by a delegate, the judge of the high court of the court of exchequer; and, in general, take care admiralty; and he may also name inferior depu- of all éftates, duties, or casualties, that fall to the ties, whose jurisdi&ion is limited to particular dif- crown within their territory, for which they must trids, and whose sentences are subject to the re- account to the exchequer. view of the high court. In causes which are de- 4. A LORD of REGALITY was a magistrate who clared to fall under the admiral's cognizance, his had a grant of lands from the sovereign, with a jurifdi&ion is fole; insomuch, that the fefsion it: royal jurisdiction annexed thereto. His civil julelf

, though it may review his decrees by suspen- risdiction was equal to that of a sheriff; his crimiGon or reduction, cannot carry a maritime quef- nal éxtended to the 4 pleas of the crown. He had tion from bim by advocation. The admiral has a right to repledge or reclaim all criminals, subacquired, by usage, a jurisdiction in mercantile ject to his jurisdiction, from any other competent causes, even where they are not strictly maritime, court, though it were the jufticiary itself, to his cumulative with of the judge ordinary,

own. He had also right, according to the most 17. All our supreme courts have {eals or fignets common opinion, to the fingle escheat of all deproper to their several jurisdictions. The courts nounced persons residing within his jurisdiction, of fellion and justiciary used formerly the same fig- even though such privilege had not been exprefled net, which was called the king's, because the in tbe grant of regality. writs issuing from thence run in the king's name; s. The STEWART was the magistrate appointed and though the justiciary got at last a separate fig- by the king over such regality lands as happened net for itielf, yet that of the selfion till retains the to fall io the crown by forfeiture, &c. and thereappellation of the KING'S SIGNĘT. In this office fore the stewart's jurisdi&tion was equal to that of are sealed lummonles for citation, letters of execu- a regality. The two ftewartries of Kirkcudbright, torial diligence, or for staying or prohibiting of and of Orkney and Zetland, make fires or coun diligence, and generally whatever passes by the ties by themselves, and send each a representative warrant of the session, and is to be executed by to parliament. the officers of the court. All these must, before 6. Where lands not erected into a regality fell Sealing, be signed by the writers or clerks of the into the king's hands, he appointed a bailie over fignet : but letters of diligence, where they are them, whose jurisdiction was equal to that of a granted in a depending process, merely for pro- fheriff. bation, though they pass by the signet, must be 7. By the late jurisdi&tion act, 20 Geo. II. all subscribed by a clerk of seffion. The clerks of the beritable regalities and bailieries, and all such he. fignet also prepare and subscribe all signatures of ritable sheriffships and stewartries as were only charters, or other royal grants, which pass in ex parts of a shire, are dissolved ; and the powers chequer.

formerly vested in them are made to devolve upon Sect. III. Of the INFERIOR JUDGES and COURTS have belonged to, if the jurisdi&ions diffolved had

such of the king's courts as these powers would of SCOTLAND.

never been granted. All sheriffships and stewar. 1. SHERIFF (from Meer, to cut or divide, and tries that were no part of a fhire, where they bad recve, governor) is the judge ordinary conftitu. been granted, either heritably or for life, are re. ted by the crown over a particular division or resumed and annexed to the crown. No high she. county. The fneriff's jurisdiction, both civil and riff or ftewart can hereafter judge personally in criminal, was, in ancient times, nearly as ample any cause. One sheriff or stewart-depute is to be within his own territory as that of the supreme appointed by the king in every fire, who muft courts of feffion and jufticiary was over the whole be an advocate of three years standing; and whose

; kingdom.

office as sheriff or stewart-depute is now, by 28 2. His civil jurisdiction now extends to all ac- Geo. III. held ad vitam aut culpam. tions upon contracts, or other personal obliga- 8. The appanage, or patrimony, of the prince zions; forthcomings, poindings of the ground, of Scotland, has been long erected into a regality mails and duties; and to all poffeffory actions, as jurisdiction, called the Principality. It is perfo. removings, ejections, spuidzies, &c ; to all brieves nal to the king's eldett fon, upon whose death or

succession Succession it returns to the crown. The prince property, nor on the public ftreets; and he may kas, or may have, his own chancery, from which direct insufficient houses to be pulled down. His his writs issue, and may naine his own chamber- jurisdiction has no dependence on the court of the Jain and other officers, for receiving and managing borough, or bailie-court. bis revenue. The vassals of the princes are enti- 12. A BARON, in the extensive sense of that tied to elect, or to be elected, members of parlia- word, is one who holds his lands immediately of ment for counties, equally with those who hold the crown; and, as such, had by our ancient of tbe crown.

conftitution, right to a seat in parliament, how9: JUSTICES of the peace are magistrates na- ever small his freehold might have been. The lesmed by the fovereign, over the several counties of fer barons were exempted from the burden of atthe kingdom, for the special purpose of preserving tending the service of parliament. This exempthe public peace. Anciently their power reached tion grew insensibly into an utter disability in all little farther than to bind over disorderly persons the leffer barons from fitting in parliament, with. for their appearance before the privy council or out election by the county : though there is no justiciary, afterwards they were authorised to statute expressly excluding them. judge in breaches of the peace, and in most of 13. To constitute a baron in the ftri&t law sense, the laws concerning public police. They may his lands must have been erected, or at least concompel workmen or labourers to serve for a rea firmed, by the king, in liberam baroniam ; and sonable fee, and they can condemn masters in the fuch baron had a certain jurisdi&tion, both civil wages due to their servants. They have power and criminał, which he might have exercised, to judge in questions of highways, and to call out either in his own person, or by his bailie.

រំ the tenants with their cottars (cottagers) and fer. 14. But by the jurisdiction act, the civil jurifvants to perform fix days work yearly for uphold. diction of a baron is reduced to the power of reing them. It has been lately, however, found by covering from his vassals and tenants the rents of the court of feffion, that justices have no jurisdic- lands, and of assessing them in mill-services; and tion whatever in common a&ions for debt. So of judging in causes where the debt and damages that it now seems fixed, that they are incompetent do not exceed 408. Sterling. His criminal ju. in such actions, except where they are declared risdi&ion is, by the same statute, limited to afcompetent by special statute.

Laults, batteries, and other smaller offences, which 10. Since the union, our justices of the peace, may be punished by a fine not exceeding 208. over and above the powers committed to them by Sterling, or by setting the offender in the stocks the laws of Scotland, are authorised to exercife in the day-time not above three hours; the fine whatever belonged to the office of an English jul- to be levied by poinding, or one month's impritice in relation to the public peace. From that fonment. The jurisdiction formerly competent time, the Scots and the English commissions have to proprietors of mines, and coal or falt works, run in the same style, which contain powers to in- over their workmen, is reserved ; and also that quire into and judge in all capital crimes, witch- which was competent to proprietors who had the crafts, felonies, and several others specially enu. right of fairs or markets, for correcting the disor. merated; with this limitation subjoined, of which ders that might happen during their continuance; juftices of the peace may lawfully inquire. Two provided they shall exercise no jurisdiction inferjustices can constitute a court. Special statute has ring the loss of life, or demembration. given the cognisance of several matters of excise 13. The HIGH CONSTABLE of Scotland had no to the justices, in which their sentences are final; fixed territorial jurisdiction, but followed the as to which, and the powers thereby vested in court; and had, jointly with the marischal, the them, the reader must be referred to the excise cognisance of all crimes committed within two laws, and to the treatises upon the office of a juf leagues of it. All other confabularies were dezice of the peace.

pendent on him. These had castles, and sometimes 11. A BOROUGH is a body corporate, made up boroughs, subject to their jurisdiction, as Dundee, of the inhabitants of a certain tract of ground Montrose, &c. and among other powers, now lit. erected by the sovereign, with jurisdiction annexed tle known, they had the right of exercising crimito it. Boroughs are erected, either to be holden nal jurisdiction within their respective territories of the sovereign himself, which is the case of roy. during the continuance of fairs. By the jurisdical boroughs; or of the fuperior of the lands tion ad, alf jurisdictions of constabulary are diferected, as boroughs of regality and barony. Bo solved, except that of high conftable. roughs royal have power, by their charters, to 16. The office of the Lyon KING OF ARMS choose annually certain office-bearers or magif- was chiefiy minifterial, to denounce war, proclaim trates; and in boroughs of regality and barony, peace, carry public messages, &c. But be bas the nomination of magiftrates is, by their charter, also a right of jurisdiction, whereby he can punish lodged sometimes in the inhabitants, sometimes in all who usurp arms contrary to the law of arms, the fuperior. Bailies of boroughs have jurisdic- and deprive or suspend meflengers, heralds, or purtion in matters of debt, services, and questions of fuivants (who are officers named by himself); but poffeflion betwixt the inhabitants. Their crimi- he has no cognisance of the damage arising to the nal jurisdiction extends to petty riots, and reckless private party through the messenger's fault

. Meffire-raising: The dean of guild is that magistrate lengers are subservient to the fupreme courts of ferof a royal borough who is head of the merchant fion and justiciary: and their proper business is to company. He has the cognisance of mercantile execute all the king's letters either in civil or cri. causes within borough; and the inspection of minal causes. They must find caution for the prom buildings, that they encroach neither on private per discharge of their duty as messengers; and

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in case of any malversation, or neglect, by which in virtue of his office, had a seat in parliament. damage arises to their employers, their sureties Every bishop had his chapter, which consisted of may be recurred upon for indemnification. These a certain number of the ministers of the diocese, sureties, however, are not answerable for the by whose assistance he managed the affairs of the conduct of the messenger in any other capacity; church within that district. The nomination of and therefore, if a meffenger is authorised to up- bishops to vacant sees has been in the crown fince lift payment from a debtor, and fails to account 1540, though under the appearance of continuing to his employer, the cautioner is not liable; the ancient right of ele&ion, which was in the his obligation extending only to the regular and chapter. The confirmation by the crown under proper duties of the office in executing the dili- the great seal, of the chapter's election, conferred gence, or the like.

a right to the spirituality of the benefice ; and a 17. Our judges had, for a long time, no other 3d grant, upon the confecration of the bishopfalaries or appointments than what arofe from the elect, gave a title to the temporality; but this 2d sentences they pronounced. Our criminal judges grant fell foon into disuse. applied to their own use the fines or issues of their s. He who founded or endowed a church was several courts; and regalities had a right to the entitled to the right of patronage of it, or adfingle escheat of all persons denounced, who re- vocatio ecclefiæ ; whereby, among other privilefided within their jurisdiction; and our civil judges ges, he might present a churcbman to the cure, got a certain proportion of the fum contained in in case of a vacancy. The presentee, after he the decree pronounced. But these were all pro- was received into the church, had a right to the hibited upon regular falaries being settled upon benefice proprio jure; and if the church was pan them.

rochial, he was called a parson. The pope claim

ed the right of patronage of every kirk to which Sect. IV. Of ECCLESIASTICAL PERSÓNS.

no third party could fhew a special title; and 1. The Pope, or bishop of Rome, was long ac. Since the reformation, the crown, as coming in knowledged, over the western part of Christen- place of the pope, is considered as universal padom for the head of the Christian church. The tron, where no right of patronage appears in a papal jurifdi&tion was abolished in Scotland in subject. Where two churches are united, which 1560. The king was, by act 1669, declared to had different patrons, cach patron presents by have fupreme authority over all persons, and in turns. all causes ecclefiaftical; but this act was repealed

6. Gentlemen of estates frequently founded by act 1690, as inconsistent with the Presbyterian colleges or collegiale churches; the head of which church government, which was then upon the got the title of provofit, uoder whom were cerpoint of being establifhed.

tain prebendaries, or canons, who had their fe2. Before the reformation from Popery, the veral talls in the church, where they sung masses. clergy was divided into secular and regular. The Others, of lesser fortunes founded chaplainries, fecular had a particular tract of territory given which were donations granted for the finging of them in charge, within which they exercised the masses for deceased friends at particular altars in pastoral office of bishop, presbyter, or other a church. Though all these were suppressed church officer. The regular clergy had no cure upon the reformation, their founders continued paof fouls ; but were tied down to relidence in their trons of the endowments; out of which they were abbacies, priories, or other monasteries : and they allowed to provide bursars, to be educated in any got the name of regular, from the rules of morti. of the universities. fication to which they were bound, according to 9. Where a fund is gifted for the establishment the institution of their feveral orders. Upon the of a second minister in a parish where the cure is yacancy of any benefice, whether fecular or regu. thought too heavy for one, the patronage of such lar, commendators were frequently appointed to benefice does not belong to the donor, but to him levy the fruits, as factors or stewards during the who was patron of the church, unless either where vacancy. The Pope alone could give the higher the donor has reserved to himself the right of pabenefices in commendam ; and at last, from the tronage in the donation, or where he and his fuc. plenitude of his power, he came to name com- cessors have been in the conftant use of presenting mendators for life, and without any obligation to the ad minister, without challenge from the pa. account. After the reformation, several abbacies tron. The right of presenting incumbents was, by and priories were given by James VI. in perpetuam act 1650, c. 23, taken from patrons, and vefted in commendam, to laics.

the heritors and elders of the parish, upon payment - 3. Upon abolising the Pope's authority, the to be made by the heritors to the patron of 600 regular clergy were totally suppressed; and, in merks; but it was again restored to patrons, ra* place of all the different degrees which distinguish- Ann. c. 12, with the exception of the presentations ed the secular clergy, we had at first only paro- fold in pursuance of the former act. chial presbyters or minifters, and superintendants, 8. Patrons were not fimply administrators of who had the oversight of the church within a cer- the church ; for they held the fruits of the vacant tain diftrid : Soon thereafter the church govern- benefice as their own, for some time after the rew ment became episcopal, by archbishops, bishops, formation. But that right is now no more than &c.; and after some intermediate turns, is now a trust in the patron, who must apply them to presbyterian, by kirk-feffions, presbyteries, fynods, pious uses within the parish, at the fight of the and general assemblies.

heritors, yearly as they fall due. If he fail, he 4. The term Prelate, in our statutes, fignifies a loses his right of administering the vacant ftipend bishop, abbot, or other dignified clergyman, who, for that and Dext vacancy. The king, who

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