726 



PATRONAGE. 



< ' lithium, animals that are known to inhabit the 

 mouths of rivers running into the sea, where the 

 water is of a brakish quality. 



The Calcaire silicieux, No. 3, is a compact sili- 

 cious limestone, resembling a precipitate from the 

 waters of mineral springs. It is often traversed 

 by small empty sinuous cavities ; is for the most 

 part devoid of organic remains, but in some places 

 contains fresh water and land species, and never 

 any marine fossils. This limestone occupies a 

 distinct part of the basin, from the calcaire grossier, 

 although at their thinner edges they alternate with 

 each other. The gypsum and marls, supposed by 

 Cuvier to be of subsequent origin to the beds 

 already enumerated, are found by Prevost to alter- 

 nate repeatedly with them. The gypsum and 

 marl beds are in greatest abundance towards the 

 centre of the basin. In these beds, the skeletons 

 of sixty-three mammalia hare been found together, 

 with seventeen species of reptiles and birds. Of 

 the mammalian quadrupeds, thirty-two are hoofed 

 animals, non-ruminating; twelve are ruminating 

 animals; seventeen are of the rodentia or gnawers; 

 eight are carnivorous; two are edentata or tooth- 

 less, of the sloth genus ; and two amphibious. 



The Second or Upper marine formations, No. 4, 

 consists of marls and micaceous and quartzon sand, 

 upwards of eighty feet thick. 



The Third fresh water formation, No. 5, consists 

 of marls interspersed with beds of flint and flinty 

 nodules, one set of flinty layers containing a num- 

 ber of fossils, the other none. 



PATRONAGE. In the ecclesiastical law of 

 Scotland, a patron is one who enjoys, along with 

 other rights of less importance, the right of pre- 

 senting a parochial minister to a vacant charge. 

 It would appear, that patrons were originally 

 merely the guardians of the temporal property of 

 particular churches; and that the rights afterwards 

 attached to patronage were at first conceded by 

 the church, only to those who endowed particular 

 churches, with a view to encourage the practice. 

 Afterwards, however, similar rights in reference 

 to other churches, were assumed by persons of 

 influence in the neighbourhood; and while the 

 Roman Catholic religion prevailed, the pope, and 

 since the Reformation, the Crown, has claimed to 

 be considered patrons of all churches in regard to 

 which no right of patronage could be shown by 

 individuals. In addition to the right of presenta- 

 tion, the patron in former times had a pre-eminent 

 seat, and a burial-place in the church, and a right 

 of precedency in processions ; his name and arms 

 were engraved on the church, bells, &c. He had 

 also the disposal of the fruits of the benefice during 

 a vacancy, and his consent was necessary to the va- 

 lidity of leases or feus by the incumbent. The 

 vacant stipends now go the ministers' widows' fund. 

 The statute 1567, c. 7, which abolished Popery, 

 and recognised the Reformed religion, reserved " the 

 representation of laick patronages," by "the just 

 and auncient patrones." And, in still broader terms, 

 the act 1592, c. 110, provided that the presbyteries 

 to whom all presentations were thereby appointed 

 to be directed, " be bound and astricted to receive 

 and admit quhatsumever qualified minister pre- 

 sented be his majesty or laick patronis." The act 

 immediately succeeding, (c. 117,) declared, in 

 reference to benefices rendered vacant by the 

 deposition- of the incumbent, that, if the presbytery 

 refused a minister presented by the patron, the 

 latter should be entitled to retain the fruits of the 



benefice. On the establishment of Episcopacy, 

 the principle of these acts was adopted in the act 

 1612, c. 1, by which presentations were appointed 

 to be directed to the bishop of the diocese ; and 

 it was provided that, if the bishop should refuse to 

 admit a qualified minister, still undeprived, it 

 should be lawful for the patron to retain the fruits 

 of the benefice ; and that, if no sufficient reason 

 should be given for refusal, letters of horning 

 should be issued, charging the ordinary, (i. e. the 

 bishop) to do his duty in receiving and admitting 

 the presentee. Some time after the re-establish- 

 ment of Presbytery, patronage was abolished by 

 1649, c. 23, which empowered presbyteries to 

 settle ministers " on the sute and calling, or with 

 the consent of the congregation, on whom none is 

 to be obtruded against their will." At the Re- 

 storation, the act 1649 fell under the rescissory 

 act. But patronage was again abolished by 1690, 

 c. 23, and the right of election for the approval of 

 the congregation given to the elders, with the 

 heritors, or the magistrates in burghs. As com- 

 pensation, patrons were to receive 600 merks, 

 (33 6s. sterling;) on receiving which, they were 

 bound to execute a deed of renunciation of the 

 patronage. Only three parishes (Cadder, Old and 

 New Monkland) had obtained effectual renuncia- 

 tions, when the right of patrons to present was 

 again restored by 10 Anne, c. 12, which declared, 

 that it should be lawful to all patrons, who had 

 not executed renunciations in terms of the former 

 statute, to present as formerly, and that presby- 

 teries should be bound to admit the qualified pre- 

 sentees, as presentees ought to have been admitted 

 before the passing of the act. This act is still in 

 force, and at present, accordingly, the fiist step in 

 the settlement of a parochial minister, is the pre- 

 sentation by the patron. But the presentee must, 

 before he acquires a right to the stipend and other 

 emoluments of his office, be admitted to it accord- 

 ing to the rules of the church. By the act of the 

 General Assembly 1835, it is provided, that no 

 one shall be admitted a minister, if a major part 

 of the male heads of families, communicants, dis- 

 sent from his call. This act has, in a recent deci- 

 sion of the Court of Session, been considered 

 ultra vires of the General Assembly ; a majority of 

 the whole Court of Session holding that the pres- 

 bytery were acting illegally in refusing admission 

 to a presentee, in conformity with the terms of it ; 

 earl of Kinnoul v. presbytery of Auchterarder, 8th 

 March, 1838. The decision was confirmed by the 

 House of Lords. 



Patronage is an heritable right. But it is natur- 

 ally a jus incorporate, transferable by disposition 

 without infeftment. It is, however, capable of 

 being feudalised, after which it can be completely 

 conveyed only by infeftment. The usual symbols 

 are a psalm-book, and the keys of the church. It 

 was held that patronages were not included in the 

 act of annexation, 1587. Lords of Erection were 

 held entitled to exercise a right of patronage, by 

 presenting ministers to the several churches 

 attached to the erected benefices. The crown, as 

 already said, has right to all patronages to which 

 no title can be proved ; and hence, in a question 

 with the crown, the failure of a subject to prove 

 his title, establishes the crown's right. A right 

 of patronage cannot be lost by mere neglect to 

 exercise it. There must be contrary positive pre- 

 scription. A right of patronage may be made the 

 subject of a liferent provision, by way of locality 



