[1592/4/27]¹

Regarding deposition of unqualified persons from their functions and benefices

²Our sovereign lord, considering the great abuses which are lately creeping in the kirk through the misbehaviour of such persons as are provided to ecclesiastical functions, such as parsonages and vicarages within any parish, and thereafter neglecting their charge, either leave their cure or else commit such crimes, faults or enormities that they are found worthy of the sentence of deprivation either before their own presbytery or else before the synodal and general assemblies, which sentence is the less regarded by them because albeit they be deprived of their function and cure within the kirk, yet they think they may possess lawfully the profits and rents of their said benefices enduring their lifetimes, notwithstanding the said sentence of deprivation; therefore our sovereign lord, with advice of the estates of his present parliament, declares that all and whatsoever sentences of deprivation either pronounced already or that happens to be pronounced hereafter by any presbytery, synodal or general assembly against any parson or vicar within their jurisdiction provided since his highness's coronation (all persons provided to parsonages and vicarages who have vote in parliament, secret council and session, or provided thereto of old before the king's coronation, and Master George Young, archdean of St Andrews, being specially excepted) is and shall be reputed in all judgments a just cause to seclude the person provided before and then deprived from all profits, commodities, rents and duties of the said parsonage and vicarage or benefice of cure, and that either by way of action, exception or reply; and that the said sentence of deprivation shall be a sufficient cause to make the said benefice to fall vacant thereby; and the said sentence being extracted and presented to the patron the said patron shall be bound to present a qualified person of new to the kirk within the space of six months thereafter, and if he fail to do the same the said patron shall lose the right of presentation for that time only, and the right of presentation to be devolved in the hands of the presbytery within the which the benefice lies, to the effect that they may convey the same and give collation thereof to such a qualified person as they shall think expedient, providing always in case the presbytery refuse to admit a qualified minister presented to them by the patron, it shall be lawful to the patron to retain the whole fruits of the same benefice in his own hands. And further, his highness and estates foresaid declare that the deprivation already pronounced or to be pronounced by any presbytery, synodal or general assemblies against any of the parsons or vicars foresaid shall in no way hurt or be prejudicial to any tacks lawfully set by that person deprived before his deprivation to whatsoever persons.