tled by the statutes of the corporation; or if regulations on the Bubjecl be wanting, by a collegiate \ ote. In the remainder, the righl of the patron is unlimited : he can
propose his nearest relation, but not himself, altl gh
he « Id, "via gratia," present a request for Ids own
admission (gratiosam petert admissionem). He can sub- mit Several candidates to the choice 0) the bishop; if he li, a layman, he can. so long as the legal term is not
elapsed and the canonic collation has not taken place, propose BUCCeSsivi ly several other names. This jus cn- riandi is not allowed to an ecclesiastical patron. Here the first presentation, according to the principle " 1 1 m- pore prior potior jure." makes null and void all subse- quent nominations. If the legal term is passed without presentation, or if the presentation has not been made gratuitously, the nomination in that case is lost to the patron, and belongs exclusively to the collator. The same happens when an ecclesiastical patron wittingly proposes an nnworth) subject, while the lay patron is allowed another presentation in the legal lour months. Hut if the patron, whether layman or ecclesiastic, have unwittingly proposed an unworthy candidate, he obtains a new term of four or of six months. The Prussian law allows, after the expiration of the primitive term, only a supplementary term of six weeks. In Baden the pa- tron, if his proposition have been rejected by the ordi- uariate. is allowed another presentation, to be made in i le- -pace of four weeks, and the same term is allowed him a second time, but not further. The presentation is made by letter, for which many ordinariates prescribe fixed formulas to the private patrons. The conn sis about the patronal ri^his are, according to decretal law.
subject to the ( eolesia-t ioal courts; but modern legis- lation has almost everywhere added it to I he compe- tency of the worldly tribunals. If the patronal right itself be contested, the actual possessor has the -jus pnesentaudi." ami the nomination resulting from the use he make- of it is not invalidated ly his l» ii wards defeated in the lawsuit. Hut il the right to hold [he goods willi which the patronate is connected should itself be questioned, then the right of presentation is suspended, and the bi-hop in this case enjoys a free righl of collation. The winner of the suit may then, lo insure his privilege, confirm the nomination made by the bishop; bul if he should refuse his consent, ibis
can have no influence on the situation of the nominee. See Schulte, Kirchenrecht, p. 67 sip: Rosshirt, Kano- nisckes He <hi. p. 437 sip: I'achmann. Kirchenrecht, i. 268 sip; Richter, Kirchenrecht, $ 193; Gerlach, Das PrasentatiansrecJit (Regensb. l- • .
II. In the Established Church of Scotland the minis- ter intended for a living by a patron must be | to the presbytery for inquiry into his qualifications, and for induction if these are satisfactory. If the patron tail to present within six months, the right then devolves on the presbyterj', tanqvamjun devoluto. See .lis De- von ii m. When a presenile was objected to by the major part of the congregation, whether with or with- out reason, the General Assembly of the Church for- merly claimed the right to declare that he should not be inducted or entitled to the benefice. This declara- tion was contained in an aei of Assembly; dated 1835, called the Veto Act. I'.ut after much litigation it was decided by the courts ol law that BUCfa Veto Act was
ultra tires and void; and ibis decision led to a seces- sion of many ministers and people from the Established Church, and to the formation of a new dissenting
Church, called the Tree Church up v.). The law is
now seitled that ii is the presbytery, and not the peo- ple, who are to judge of the reasonableness of any ob- jections made to i he presentee, for which purpose rea- sons and objections are beard on both side-, and a wide
discretion i- exercised by the presbytery. It i In pn--
bylery dismi-s the objections, they then proceed to the
trial and induction dp v.) of the presentee. The fol- lowing is the form of a Scotch presentation, and is a copy, indeed, of the one which led to the disputes and processes that ended in the disruption of the Scottish Church ;
"The right honorable Thomas Robert Drnmmond Hny,
earl of Kinm nil, undoubted patron of the parish chmcli and paii-h of Anchtei aider. lying within the presbytery of Anenteral der nnd sheriffdom of Perth, conmaering that
the Bltid I liitrch and parish is now vacant and bi
my gift and presentation by and thromrb the death of the Rev. Charles Stewart, late minister of the Gospel at the
PRESENTATION OF THE VIRGIN 559
PRESIDING ELDER
said church of Auchteran'er ; and I, being sufficiently in- formed of the literature, Uyulty, q lalitieatious, good life and conversation of Mr. Robert Young, preacher of the Gospel, residing at Seafield Cottage, Dundee, do therefore, by these presents, nominaie and present the said Robert Younc to be minister of the said parish and church of Atichferarder during all the days of his lifetime, giving, granting, and disponing to him the constant, localled, and mollified stipend, with tiie manse and glebe, and other profits and emoluments belonging to the said church, for the crop and year ls:;5, and during his lifetime, and his serving the cure of the said church, requiring hereby the reverend moderator and presbytery of Auch- terarder to take trial of the qualifications, literature, good life, and conversation of the said Robert Young; and having found him fit and qualified for the function of the ministry at the said church of Anchterarder, to admit and receive him thereto, and give him his act of ordination and admission in due and competent form, recommending hereby to the lords of council and session, upon sight of this presentation and the said presbytery's act of ordina- tion and admission, to grant letters of horning, on a sim- ple charge of two days only, and other executorial neces- sary at the instance of the said Robert Young, against all and sundry the heritors, life - renters, feuars, tacksmen, tenants, possessors, and occupiers of lands within the said parish, subject and liable in payment of the said localled and modified stipend, for causing the said Robert Young, and others in his name, be readily answered and paid thereof in such due and competent form as effeirs. And I consent to the registration thereof in the books of coun- cil and session, or others competent, therein to remain for