Church and State in the Modern Age: A Documentary History

By J. F. MacLear | Go to book overview

8. That if the Dissents . . . do not amount . . . to the major part of the persons standing on the roll, and if there be no special objections remaining to be considered, the Presbytery shall proceed to the trials and settlement. . . .

9. That if it shall appear that Dissents have been lodged by an apparent majority of the persons on the said roll, the Presbytery shall adjourn the proceedings to another meeting, to be held not less than ten days nor more than fourteen days thereafter.

* * *

13. That in case the Presbytery shall at that meeting find that there is a majority of the persons on the roll still dissenting, it shall be competent to the Patron or the Presentee, or to any member of the Presbytery, to require all or any of the persons so dissenting to appear before the Presbytery, or a Committee of their number, at a meeting . . . to take place within ten days . . . and there and then to declare in terms of the resolution of the General Assembly; and if any such person shall fail to appear . . . or shall refuse to declare . . . , the name of such person shall be struck off the list of persons dissenting, and the Presbytery shall determine whether there is still a major part dissenting or not, and proceed accordingly.

14. That if the Presbytery shall find that there is at last a major part of the persons on the roll dissenting, they shall reject the person presented . . . ; and shall forthwith direct notice of this . . . to be given to the Patron, the Presentee, and the Elders of the parish.

15. That if the Patron shall give a presentation to another person within the time limited by law, the proceedings shall again take place in the same manner. . . .

16. That if no Presentation shall be given within the limited time to a person from whose settlement a majority on the roll do not dissent, the Presbytery shall then present jure devoluto.

17. That cases of presentation by the Presbytery jure devoluto shall not fall under the operation of the regulations in this and the relative act of Assembly, but shall be proceeded in according to the general laws of the Church applicable to such cases. But every person who shall have been previously rejected shall be considered as disqualified to be presented to that parish on the occasion of that vacancy.

18. That in order to ascertain definitely the persons entitled . . . to give in dissents, every Kirk-session . . . shall be required within two months after the rising of the present Assembly, to make out a list or roll of the male heads of families who are . . . Members of the Congregation and also regular Communicants, either in that parish or some other parish of the Church; of which, in the latter case, proper evidence shall be produced to the Kirk-session.

Source: The Principal Acts of the General Assembly of the Church of Scotland, Convened at Edinburgh, the 22d Day of May 1834 ( Edinburgh, 1834), pp. 31-36.


SUGGESTIONS FOR BACKGROUND AND REFERENCE

S. J. Brown, Thomas Chalmers and the Godly Commonwealth in Scotland ( Oxford, 1983).

R. Buchanan, The Ten Years' Conflict: Being the History of the Disruption of the Church of Scotland ( Glasgow, 1849).

-223-

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