[1662/5/15]*[print] [email] [cite] [preceding] [following]
The king's most excellent majesty, being desirous that all his good subjects may be sensible of the happy effects and fruits of the royal government by a free, peaceable and safe enjoyment of their due interests and properties under his protection, and that in his restitution they may find themselves restored to these rights which by law were secured to them, and by the violence and injustice of these late troubles and confusions have been wrested from them, and considering that, notwithstanding the right of patronages is duly settled and established by the ancient and fundamental laws and constitutions of this kingdom, yet diverse ministers in this church have and do possess benefices and stipends in their respective cures, without any right or presentation to the same from the patrons, and it being, therefore, most just that the lawful and undoubted patrons of kirks are restored to the possession of the rights of their respective advocations, donations and patronages; therefore, his majesty, with advice and consent of his estates of parliament, does statute and ordain that all those ministers who entered to the cure of any parish in burgh or land within this kingdom, in or since the year 1649 (at and before which time the patrons were most injuriously dispossessed of their patronages), have no right to, nor shall receive, uplift nor possess the rents of any benefice, modified stipend, manse or glebe for this present crop of 1662 or any year following, but their places, benefices and kirks are by law vacant. Yet his majesty, to evidence his willingness to pass by and cover the miscarriages of his people, does, with advice foresaid, declare that this act shall not be prejudicial to any of those ministers in what they have possessed or is due to them since their admission; and that every such minister who shall obtain a presentation from the lawful patron, and have collation from the bishop of the diocese where he lives between now and 20 September next to come, shall from thenceforth have right to and enjoy his church, benefice, manse and glebe as fully and freely as if he had been lawfully presented and admitted thereto at his first entry, or as any other minister within the kingdom does or may do. And for that end, it is hereby ordained that the respective patrons shall give presentations to all the present incumbents who in due time shall make application to them for the same. And in case any of these churches shall not be thus duly provided before the said 20 September, then the patron shall have freedom to present another between now and 20 March 1663 which, if he shall refuse or neglect, the presentation shall then fall to the bishop passing by legal right, according to former laws. And likewise, his majesty, with advice foresaid, does statute and ordain the archbishops and bishops to have the power of new admission and collation to all such churches and benefices as belong to their respective sees, and which have become vacant since the year 1637, and to be careful to plant and provide these their own kirks conforming to this act.