In Scotland, at the Reformation, the rights of pa^ trons were reserved, and presbj'teries were bound hj several statutes to admit an}' qualified person presented by the patron. The principle of these statutes was re- tained in the enactments introducing Episcopacy. On the establishment of Presbyterianism under favor of the civil war, patronage was abolished b}- act 1G49, c. 23, and the election of the clerg}' was committed to the kirk-session. At the Restoration this statute fell under the act rescissory, and patronage was replaced on its
PATRONAGE
784
PATTERN
former footing. On the reintroduction of Presbytcrian- ism at the Revolution, patronage was again cancelled, and tlie right to present conferred on the Protestant heritors and the elders of the parish, subject to the ap- proval or rejection of the whole congregation. In consideration of being deprived of the right of presen- tation, patrons were to receive from the parish a com- pensation of GOO nierks (£33 (js. sterling), on payment of which they were to execute a formal renunciation of their rights. Only three parishes effected this ar- rangement with the patron, and patronage was perma- nently restored in all the parishes where no renuncia- tion had been granted, by 10 Anne, c. 12. This act, with modifications introduced by 6 and 7 Vict. c. 61, is now law. Should a patron foil to present for six months after the occurrence of a vacancy, the right to present falls to the presbyterj' jure de voluto. The presentee, before he acquires a right to the emolu- ments of the benefice, must be admitted to it hy the presbj'terj'^ of the bounds. He is first appointed to preach certain trial sermons, after which a day is fixed within six weelcs for moderating in his call. On that day the people are invited to sign a written call to the presentee to be their minister, and however few the sig- natures to the call ma}' be, the presbytery are accus- tomed to pronounce a formal judgment sustaining it. They then proceed to examine into the qualifications of the presentee, and, provided the result be satisfac- tory, the ordination follows (if he have not been pre- vioush' ordained), and he is formally admitted minis- ter of the parish by the presiding minister. Soon after the above-mentioned act of queen Anne, a feeling which had sprung up in favor of popular election, in opposition to patronage, led to various acts of resist- ance to the settlement of presentees, and brought about two considerable secessions from the Church of Scotland. It continued for a length of time to be a subject of dispute iiow far the right of the Church to judge of the fitness of presentees could entitle her to make rules tending to disqualify them, and in particu- lar whether she could legallj' malie the dissatisfaction of the congregation a disqualification. For a long time prior to 1834 there had been no attempt to give effect to any dissent on the part of the congregation. In that year tlie law of patronage again became a ground of contention, when a majorit}' of tlie General Assembly embodied their views on the subject in the so-called Veto Act, which declared that no minister was to be imposed on a congregation when a majoritj' of heads of families and communicants should dissent from his admission. The decision of the Court of Ses- sion, confirmed hy the House of Lords, making this act to be ultra vires of the General Assembly, provoked the secession of 1843 and the formation of tlie Free Church (q. v.). After that event an act, G and 7 Vict. c. 71, commonly called Lord Aberdeen's Act, was passed to fix by a legislative provision the effect which the Church courts were in future to be entitled to give to the dissent of the congregation in the collation of min- isters. It is there enacted that after the trial sermons the presbytery shall give to the parishioners, being members of the congregation, an opportunity to state objections which do not infer matter of charge to be proceeded against according to the discipline of the Church. The presltj'tery are either to dispose of the objections, or to refer tliem to the superior Church ju- dicatory ; and if the objections be considered well founded, the presbytery may reject tlie presentee. No power is, however, given to reject liim on the ground of mere dislike as such on the part of anj' portion of the congregation. In Scotland, patronage is in all cases a heritable right; it is transferable bj' disposi- tion witliout enfeudation, but is capable of being feu- dalized, after whicli it can be completely conveyed only by infcudation.
In the Protestant churches of Germany, Sweden, and Denmark, patronage exists to some extent, sub-
ject to restrictions, which differ much in different lo- calities. The right to present is sometimes divided between the patron and the consistory. The parish- ioners have in many instances a voice : the appoint- ment ma^' be entirely in their hands, or thej- may have merely a right to reject the presentee after he has been subjected to the ordeal of a trial sermon ; and in either case this right may be exercised, according to local usage, either by the parishioners at large, by a com- mittee of their number, or by the Biirgermeister. When there is no patron, the choice generally rests with the consistory in East, and witii the parishioners in West Germany. Induction hy the superintendent completes the right of the presentee.