Benefices (Scotland) Act 1843

JurisdictionUK Non-devolved
Citation1843 c. 61
Year1843
Anno Regni VICTORI, Britanniarum Regin,Sexto & Septimo. An Act to remove Doubts respecting the Admission of Ministers to Benefices in that Part of the United Kingdom calledScotland .

(6 & 7 Vict.) C A P. LXI.

[17th August 1843]

'WHEREAS certain Acts of the Parliament ofScotland and of the United Kingdom of Great Britain have declared that the Right of Collation in regard to the Settlement of Ministers in the Parishes to which they may be presented belongs to the Church established by Law in that Part of the United Kingdom called Scotland: And whereas Provision has been made by the Statutes for securing to the Church the exclusive Right of examining and admitting any Person who may be presented to a Benefice having Cure by the Patron of such Benefice; and in particular by an Act passed in the Parliament of Scotland in the Year One thousand five hundred and sixty-seven, intituled , it is statute and ordained, that the Examination and Admission of Ministers within this Realm be only in the Power of the Kirk now openlie and publicly professed within the samin, the Presentation of Laick Patronage alwaies reserved to the just and auncient Patrones; and by an Act passed in the Parliament ofScotland in the Year One thousand five hundred and ninety-two, intituled , the Government of the Church by Presbyteries, Synods, and General Assemblies was ratified and established, and it was ordained that all Presentations to Benefices be direct to the particular Presbyteries in all Time cumming, with full Power to give Collation thereupon, and to put Ordour to all Maters and Causes Ecclesiastical within their Boundes according to the Discipline of the Kirk; providing the foresaids Presbyteries be bound and astricted to receive and admitt whatsumever qualified Minister presented be His Majesty or Laick Patrones; and by an Act of the Parliament ofGreat Britain passed in the Tenth Year of the Reign of Her Majesty Queen Anne , intituled Great Britaincalled Scotland, the Right of the Church to receive and admit Persons presented to Benefices was again recognized and secured; and by an Act of the Parliament of Great Britain passed in the Fifth Year of the Reign of His Majesty King George the First, intituled Scotland,and for preventing Delays in the supplying or filling up of vacant Churches in Scotland, it is also declared and enacted, that nothing herein contained shall prejudice or diminish the Rights of the Church, as the same now stands by Law established, as to the trying of the Qualities of any Person presented to any Church or Benefice: And whereas it is expedient to remove any Doubt which may exist as to the Powers and Jurisdiction of the Church as by Law established in Scotland in the Matter of Collation, and as to the Right of the Church to decide that no Person be settled in any Parish or Benefice having Cure against whom or whose Settlement in such Parish or Benefice there exists any just Cause of Exception:' May it therefore please Your Majesty that it may be declared and enacted; and be it declared and enacted by the Queen's most Excellent Majesty, by and with the Advice and Consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the Authority of the same, That when a Presentation to any Benefice within that Part of the United Kingdomcalle...

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