Patronage found to carry right to vacant stipends, after seven years application to universities by act of Parliament, notwithstanding an act of Council prorogating that act to seven years more.
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In a competition for a vacant stipend, between Sir Robert Hepburn, as patron of the kirk of ——, and —— as having a gift from the Council;—it was alleged for the patron, That the stipend in question being due for years after the seven years applied to Universities by act of Parliament, doth belong to the patron, who de jure communi, and by our unquestionable consuetude, before the patronages were taken away by the rescinded Parliament 1649, and after the right of patronages were restored by the act of Parliament 1661, the patron had the unquestionable right to the vacant benefice or stipend, except only the seven years applied to Universities by the 20th act of Parliament 1672, which ended anno 1678.—It was answered, That by an act of Secret Council there is a prorogation of that act for other seven years.—It was replied for the patron, That nothing but an act of Parliament could take away, in whole, or in part, the private right of patrons.
