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Moncrieff of Redie having the King's gift, impowering him for ever to present one of the macers of Session, it was objected, 1mo, That the same was null, seeing beneficium non vacans nequit conferri, by analogy of the act 23. Parl. 1567; the Lords repelled the objection, because a power of presenting is a different thing from an actual presentation; and if this was sustained, a right of patronage would lie under the same exception. 2do, They repelled the objection, that Redie's gift was null on the act 69th Parl. 1587, that his Majesty's casualties shall not be given away in great; for they thought the King might lawfully annex the presentation of the macers to the judicatory of the Session for ever; and if so, why not to one man, which, though inconvenient, was not unlawful?
