Patronage Act
Encyclopedia
The Church Patronage Act 1711 or Patronage Act is an Act
of the Parliament of Great Britain
(10 Ann. C A P. XII). The long title
of the act is An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland. Its purpose was to allow the noble and other Patrons
in Scotland
to gain control over the Church of Scotland
parish church
es again, having lost that custom in the so-called Glorious Revolution
.
in Scotland received large endowments of land, from the Monarch or landowners, to support Parishes, Abbeys, etc, often with the condition that the donor and his heirs had the right to nominate a suitable cleric or clerics to the enjoy the proceeds of the endowment. In the absence of a specific Patron, the Pope was regarded as the universal Patron. His patronage was exercised through local bishops.
and other Reformers. The King took over the lands of Abbeys and Bishoprics, turning many into Lordships for his supporters, or giving some of them to Universities or Town Councils. The lands associated with supporting Parish clergy - or Ministers, as they were now called – were generally undisturbed. The King took over the role of default Patron, in the absence of any specific Patron. The First Book of Discipline (1560) and the Second Book of Discipline (1578) laid down the rules for the reformed Church of Scotland
. Both stipulated that Ministers should be chosen by congregations. The First Book never became civil law, and neither did the part of the Second Book relating to Patronage
, as the right of the heirs of original donors to nominate suitable clerics to a Parish was called.
However, by an Act of the Parliament of Scotland
(1567) presentation by laick (lay) patronages was expressly preserved, the Patron being bound to present a ‘qualified’ person within six months of vacancy occurring. By the same act, an appeal against the presented candidate by the congregation could only be on the basis of the qualifications of the presentee.
By the "Golden Act" of 1592, which established Presbyterianism
as the only legal form of Church government in Scotland, Presbyteries were “bound and astricted to receive and admit whatsoever qualified minister is presented be (sic) his Majesty or laic patron”. If a congregation refused to accept a suitable nominee, the Patron was entitled to enjoy the fruits of the original bequest - stipend, lands, house, etc.
By the beginning of the 17th Century, Patronage was well established in custom and law. A Patron could be the King, one of the Universities, a Town or Burgh Council or a landowner, such as the Duke of Argyle (who had nine patronages).
, but lay Patronage was not repealed. In 1649, just before the execution of Charles I
, the Parliament of Scotland
passed an Act abolishing Patronage, but it never received Royal Assent
and Scotland was soon over-run by the English. Despite further changes to Church government, (even despite Scotland having been conquered by, and incorporated into, the Puritan
Commonwealth of England
), Patronage was not formally repealed. Nor was it during the Restoration
and the reigns of Charles II
and James VII.
, the so-called Glorious Revolution
definitively restored Presbyterianism as the only legal form of Church government in Scotland. A 1690 Act (again, by the Parliament of Scotland
) did not abolish Patronage, but vested this power instead in the heritor
s (normally male) and Elders (exclusively male) of each Parish, who could propose a candidate to the whole congregation, to be either approved or disapproved by them. If they disapproved, they needed to give their reasons. Disputes were to be resolved by the Presbytery. Prebyteries were to pay compensation, typically a year's stipend, to the owner of the abolished Patronage, who was to provide a formal, written renunciation in return.
, signed between Scotland and England in 1706, preserved and guaranteed the separate legal system in Scotland. By separate Acts of Union
in the Parliament of Scotland
and the Parliament of England
, they abolished themselves and set up a single Parliament of Great Britain
. A further Act guaranteed the Presbyterian status of the Church of Scotland
. It was to be important to future disputes on Patronage that the Church of Scotland as a legal corporation had been established by Act of Parliament. Disputes hung upon the differences between the civil benefices (depending upon civil law) and the spiritual benefices (determined by Church law) of the appointment of a Minister.
The Treaty and the Acts came into force in 1707.
that they had unjustly lost a purely civil right. Their case may have been strengthened by the fact that Article 20 of the Treaty of Union
had preserved all heritable rights and jurisdictions of pre-Union Scotland. It also helped that the British Government distrusted popular participation in matters of importance, as the selection of Parish Ministers certainly was. Consequently, the Church Patronage (Scotland) Act 1711 was passed, restoring to their original owners the right to present suitably qualified candidates to Presbyteries in the event of a vacancy. Only those Patron's who had renounced their claim in writing in return for compensation were excluded from this, of which there were only three in 1711, Cadder, Old and New Monklands The effect was the restoration of the situation as it was in 1592. Patrons had to swear oaths of allegiance to the Hanover
ian Kings, and “abjure” the claims of the Stuart Pretenders. If they could not do this, they could appoint Commissioners who could to exercise their Patronage in their name. Patrons did not need to be members of the Church of Scotland
.
The Act came into force on 1 May 1712.
. The congregation of a Parish could only legally object to a presentee on the grounds of his suitability, so the General Assembly of the Church of Scotland
laid down increasingly stringent educational, moral and practical qualifications for candidates for the Ministry. Moreover, few Patrons dared to suggest scandalously unqualified candidates.
Appointments were, however, regularly contested through the Church courts - Kirk Session, Presbytery and Synod finally to be decided at the General Assembly of the Church of Scotland
. As most objections were on the acceptability of the candidate, rather than his suitability, the Assembly usually decided in favour of the Paton, particularly as he could seek civil damages in the Court of Session
othewise.
The civil courts were involved because disputes related to the stipends and property of Parishes, to ownership of the property of the right to Patronage, who had the right to exercise it and whether time limits had been breached.
Eventually, as most Ministers owed their appointment to a Patron, they were unwilling to challenge the system. Many were also wary of more democratic involvement in Church governance. The status of the Church itself had been guaranteed by Act of Parliament, so it tended towards supporting legal procedures, though it protested against them. Many Patrons were wary of provoking disputes, so tried to work with the Heritors and Elders of their Parishes to present candidates who met with General Assembly criteria in terms of education, character and practical ability. This group of Ministers, Heritors, Elders and Patrons – called Moderates
- formed the dominant group in the Church of Scotland during the 18th Century.
disturbances, culminating in the victory of the Glorious Revolution
. Later, this Party of principled opposition was called the Evangelicals. It became dominant in the 19th Century. Moreover, the buying and selling of church offices - Simony
- was against Church law. When a Patron tried to sell his right (or, more normally, when this was advertised as part of the sale of an estate), the cry of Simony was raised. As no money passed to Ministers or from Ministers to Patrons, this charge had moral force, but no legal effect, either in Church or civil courts. Discontented Parishioners had many options open to them at every level of Church and Civil courts to question the suitability of a candidate, on educational, moral, or practical grounds, but more normally on the firmness of his attachment to the Westminster Confession of Faith
. They could also query the right of a particular Patron, or his Commissioner, or the timing, or formal wording of a particular presentation, or whether formal Church processes had been properly carried out.
In addition to formal, legal opposition, many disputed appointments were occasions for popular demonstrations of discontent, sometimes linked to political demands for more democracy
. Presbyteries were empowered to call in the army to impose a disputed appointment.
because of its intrusion into church elections and was considered lay investiture. The General Assembly of 1712, inserted a clause in the instructions to its Commissioners to protest to Parliament and this instruction was repeated annually until 1784. However, due to the strength of the aristocracy
, the Act remained in force for a considerable length of time. It was finally repealed by section 3 of the Church Patronage (Scotland) Act 1874
(c.82).
s and Elder
s, with procedures to be followed if a congregation objected to a candidate. Some members, including Ebenezer Erskine
wanted to see the regulations of 1649 applied, by which all (male) "Heads of families" in a congregation called a Minister. The fact that they could no longer have their objections recorded led to the first schism in the Church of Scotland - the Original Secession
.
and the strength of the Evangelicals.
, and confirmed in the House of Lords
declared the above Veto Act ultra vires
, so unenforceable by law. They also indicated that the Church of Scotland
, having been set up by statute, was subject to the law of the land in all civil matters. Its Prebyteries were liable to severe financial penalties if they resisted Patron's nominees using the Veto Act. Court orders were made forbidding the Ordaining (a spiritual function) of other Ministers who might harm the interests of a Patron's nominee. This led to the Great Disruption in 1841 - a walk-out of Ministers led by Thomas Chalmers
- and the setting up of the Free Church of Scotland
.This Church has not doctrinal difference with the majority of other Ministers, who remained within the Church of Scotland
, determined to remain within the law, but also determined to have it changed.
, 163 years after the 1711 Act, lay patronage was abolished for the Church of Scotland.
It was up to the General Assembly to lay down the rules as to how the view of the congregation was to be decided. Initially, this was by a meeting of all the male Heads of Households and Elders, but a sophisticated process of trials was developed, which by the second half of the twentieth Century, also allowed females a voice in the selection of Ministers. (Women became Deaconesses in 1898, and Elders in 1966, and so eligible to be elected to the General Assembly. They became eligible to be Ministers in 1968.)
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
(10 Ann. C A P. XII). The long title
Long title
The long title is the formal title appearing at the head of a statute or other legislative instrument...
of the act is An Act to restore the Patrons to their ancient Rights of presenting Ministers to the Churches vacant in that Part of Great Britain called Scotland. Its purpose was to allow the noble and other Patrons
Patronage
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
in Scotland
Scotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
to gain control over the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
parish church
Parish church
A parish church , in Christianity, is the church which acts as the religious centre of a parish, the basic administrative unit of episcopal churches....
es again, having lost that custom in the so-called Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
.
Pre-Reformation
The Roman Catholic ChurchRoman Catholic Church
The Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
in Scotland received large endowments of land, from the Monarch or landowners, to support Parishes, Abbeys, etc, often with the condition that the donor and his heirs had the right to nominate a suitable cleric or clerics to the enjoy the proceeds of the endowment. In the absence of a specific Patron, the Pope was regarded as the universal Patron. His patronage was exercised through local bishops.
Reformation
The Church in Scotland was Reformed under the guidance of John KnoxJohn Knox
John Knox was a Scottish clergyman and a leader of the Protestant Reformation who brought reformation to the church in Scotland. He was educated at the University of St Andrews or possibly the University of Glasgow and was ordained to the Catholic priesthood in 1536...
and other Reformers. The King took over the lands of Abbeys and Bishoprics, turning many into Lordships for his supporters, or giving some of them to Universities or Town Councils. The lands associated with supporting Parish clergy - or Ministers, as they were now called – were generally undisturbed. The King took over the role of default Patron, in the absence of any specific Patron. The First Book of Discipline (1560) and the Second Book of Discipline (1578) laid down the rules for the reformed Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
. Both stipulated that Ministers should be chosen by congregations. The First Book never became civil law, and neither did the part of the Second Book relating to Patronage
Patronage
Patronage is the support, encouragement, privilege, or financial aid that an organization or individual bestows to another. In the history of art, arts patronage refers to the support that kings or popes have provided to musicians, painters, and sculptors...
, as the right of the heirs of original donors to nominate suitable clerics to a Parish was called.
However, by an Act of the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
(1567) presentation by laick (lay) patronages was expressly preserved, the Patron being bound to present a ‘qualified’ person within six months of vacancy occurring. By the same act, an appeal against the presented candidate by the congregation could only be on the basis of the qualifications of the presentee.
By the "Golden Act" of 1592, which established Presbyterianism
Presbyterian polity
Presbyterian polity is a method of church governance typified by the rule of assemblies of presbyters, or elders. Each local church is governed by a body of elected elders usually called the session or consistory, though other terms, such as church board, may apply...
as the only legal form of Church government in Scotland, Presbyteries were “bound and astricted to receive and admit whatsoever qualified minister is presented be (sic) his Majesty or laic patron”. If a congregation refused to accept a suitable nominee, the Patron was entitled to enjoy the fruits of the original bequest - stipend, lands, house, etc.
By the beginning of the 17th Century, Patronage was well established in custom and law. A Patron could be the King, one of the Universities, a Town or Burgh Council or a landowner, such as the Duke of Argyle (who had nine patronages).
Turmoil
The Golden Act was repealed as regards Church government by Charles ICharles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, but lay Patronage was not repealed. In 1649, just before the execution of Charles I
Charles I of England
Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...
, the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
passed an Act abolishing Patronage, but it never received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
and Scotland was soon over-run by the English. Despite further changes to Church government, (even despite Scotland having been conquered by, and incorporated into, the Puritan
Puritan
The Puritans were a significant grouping of English Protestants in the 16th and 17th centuries. Puritanism in this sense was founded by some Marian exiles from the clergy shortly after the accession of Elizabeth I of England in 1558, as an activist movement within the Church of England...
Commonwealth of England
Commonwealth of England
The Commonwealth of England was the republic which ruled first England, and then Ireland and Scotland from 1649 to 1660. Between 1653–1659 it was known as the Commonwealth of England, Scotland and Ireland...
), Patronage was not formally repealed. Nor was it during the Restoration
Restoration (Scotland)
The Restoration of the monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the government of occupation that followed the Wars of the Three Kingdoms...
and the reigns of Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
and James VII.
1690 Revolution
Following the Dutch invasion of England by the Presbyterian William of OrangeWilliam III of England
William III & II was a sovereign Prince of Orange of the House of Orange-Nassau by birth. From 1672 he governed as Stadtholder William III of Orange over Holland, Zeeland, Utrecht, Guelders, and Overijssel of the Dutch Republic. From 1689 he reigned as William III over England and Ireland...
, the so-called Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
definitively restored Presbyterianism as the only legal form of Church government in Scotland. A 1690 Act (again, by the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
) did not abolish Patronage, but vested this power instead in the heritor
Heritor
Heritor, was a privileged person in a Parish in Scots Law. In its original acceptation, it signified the proprietor of an heritable subject, but, in the law relating to Parish government, the term was confined to such proprietors of lands or houses as were liable, as written in their title deeds,...
s (normally male) and Elders (exclusively male) of each Parish, who could propose a candidate to the whole congregation, to be either approved or disapproved by them. If they disapproved, they needed to give their reasons. Disputes were to be resolved by the Presbytery. Prebyteries were to pay compensation, typically a year's stipend, to the owner of the abolished Patronage, who was to provide a formal, written renunciation in return.
1707 – Union of Great Britain
The Treaty of UnionTreaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...
, signed between Scotland and England in 1706, preserved and guaranteed the separate legal system in Scotland. By separate Acts of Union
Acts of Union 1707
The Acts of Union were two Parliamentary Acts - the Union with Scotland Act passed in 1706 by the Parliament of England, and the Union with England Act passed in 1707 by the Parliament of Scotland - which put into effect the terms of the Treaty of Union that had been agreed on 22 July 1706,...
in the Parliament of Scotland
Parliament of Scotland
The Parliament of Scotland, officially the Estates of Parliament, was the legislature of the Kingdom of Scotland. The unicameral parliament of Scotland is first found on record during the early 13th century, with the first meeting for which a primary source survives at...
and the Parliament of England
Parliament of England
The Parliament of England was the legislature of the Kingdom of England. In 1066, William of Normandy introduced a feudal system, by which he sought the advice of a council of tenants-in-chief and ecclesiastics before making laws...
, they abolished themselves and set up a single Parliament of Great Britain
Parliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
. A further Act guaranteed the Presbyterian status of the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
. It was to be important to future disputes on Patronage that the Church of Scotland as a legal corporation had been established by Act of Parliament. Disputes hung upon the differences between the civil benefices (depending upon civil law) and the spiritual benefices (determined by Church law) of the appointment of a Minister.
The Treaty and the Acts came into force in 1707.
Patronage Act 1711
Patronage was a much less disputed issue in the Anglican Church, and the dispossessed Scottish lay Patrons were able to persuade the united, and mainly Anglican, Parliament of Great BritainParliament of Great Britain
The Parliament of Great Britain was formed in 1707 following the ratification of the Acts of Union by both the Parliament of England and Parliament of Scotland...
that they had unjustly lost a purely civil right. Their case may have been strengthened by the fact that Article 20 of the Treaty of Union
Treaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...
had preserved all heritable rights and jurisdictions of pre-Union Scotland. It also helped that the British Government distrusted popular participation in matters of importance, as the selection of Parish Ministers certainly was. Consequently, the Church Patronage (Scotland) Act 1711 was passed, restoring to their original owners the right to present suitably qualified candidates to Presbyteries in the event of a vacancy. Only those Patron's who had renounced their claim in writing in return for compensation were excluded from this, of which there were only three in 1711, Cadder, Old and New Monklands The effect was the restoration of the situation as it was in 1592. Patrons had to swear oaths of allegiance to the Hanover
House of Hanover
The House of Hanover is a deposed German royal dynasty which has ruled the Duchy of Brunswick-Lüneburg , the Kingdom of Hanover, the Kingdom of Great Britain, the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...
ian Kings, and “abjure” the claims of the Stuart Pretenders. If they could not do this, they could appoint Commissioners who could to exercise their Patronage in their name. Patrons did not need to be members of the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
.
The Act came into force on 1 May 1712.
Reluctant Acquiescence by Moderates
The Church of Scotland mainly acquiesced in this restoration, though it felt aggrieved and the General Assembly protested to Parliament almost every year that it was contrary to the Treaty of UnionTreaty of Union
The Treaty of Union is the name given to the agreement that led to the creation of the united kingdom of Great Britain, the political union of the Kingdom of England and the Kingdom of Scotland, which took effect on 1 May 1707...
. The congregation of a Parish could only legally object to a presentee on the grounds of his suitability, so the General Assembly of the Church of Scotland
General Assembly of the Church of Scotland
The General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body[1] An Introduction to Practice and Procedure in the Church of Scotland, A Gordon McGillivray, 2nd Edition .-Church courts:As a Presbyterian church,...
laid down increasingly stringent educational, moral and practical qualifications for candidates for the Ministry. Moreover, few Patrons dared to suggest scandalously unqualified candidates.
Appointments were, however, regularly contested through the Church courts - Kirk Session, Presbytery and Synod finally to be decided at the General Assembly of the Church of Scotland
General Assembly of the Church of Scotland
The General Assembly of the Church of Scotland is the sovereign and highest court of the Church of Scotland, and is thus the Church's governing body[1] An Introduction to Practice and Procedure in the Church of Scotland, A Gordon McGillivray, 2nd Edition .-Church courts:As a Presbyterian church,...
. As most objections were on the acceptability of the candidate, rather than his suitability, the Assembly usually decided in favour of the Paton, particularly as he could seek civil damages in the Court of Session
Court of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
othewise.
The civil courts were involved because disputes related to the stipends and property of Parishes, to ownership of the property of the right to Patronage, who had the right to exercise it and whether time limits had been breached.
Eventually, as most Ministers owed their appointment to a Patron, they were unwilling to challenge the system. Many were also wary of more democratic involvement in Church governance. The status of the Church itself had been guaranteed by Act of Parliament, so it tended towards supporting legal procedures, though it protested against them. Many Patrons were wary of provoking disputes, so tried to work with the Heritors and Elders of their Parishes to present candidates who met with General Assembly criteria in terms of education, character and practical ability. This group of Ministers, Heritors, Elders and Patrons – called Moderates
Moderate Party (Scotland)
Moderates, in church terms is, normally, though not exclusively, used to refer to an important party of clerics in the Church of Scotland during the 18th century. They are often contrasted with Evangelicals, though this is very much a simplification...
- formed the dominant group in the Church of Scotland during the 18th Century.
Principled Opposition by Evangelicals
Other Ministers, Heritors and Elders objected to Patronage on principle, as compromising the independence of the Church and the right of congregations freely to call their own Ministers. They viewed the whole of the 17th Century as a struggle to achieve this, most notably during the CovenanterCovenanter
The Covenanters were a Scottish Presbyterian movement that played an important part in the history of Scotland, and to a lesser extent in that of England and Ireland, during the 17th century...
disturbances, culminating in the victory of the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
. Later, this Party of principled opposition was called the Evangelicals. It became dominant in the 19th Century. Moreover, the buying and selling of church offices - Simony
Simony
Simony is the act of paying for sacraments and consequently for holy offices or for positions in the hierarchy of a church, named after Simon Magus , who appears in the Acts of the Apostles 8:9-24...
- was against Church law. When a Patron tried to sell his right (or, more normally, when this was advertised as part of the sale of an estate), the cry of Simony was raised. As no money passed to Ministers or from Ministers to Patrons, this charge had moral force, but no legal effect, either in Church or civil courts. Discontented Parishioners had many options open to them at every level of Church and Civil courts to question the suitability of a candidate, on educational, moral, or practical grounds, but more normally on the firmness of his attachment to the Westminster Confession of Faith
Westminster Confession of Faith
The Westminster Confession of Faith is a Reformed confession of faith, in the Calvinist theological tradition. Although drawn up by the 1646 Westminster Assembly, largely of the Church of England, it became and remains the 'subordinate standard' of doctrine in the Church of Scotland, and has been...
. They could also query the right of a particular Patron, or his Commissioner, or the timing, or formal wording of a particular presentation, or whether formal Church processes had been properly carried out.
In addition to formal, legal opposition, many disputed appointments were occasions for popular demonstrations of discontent, sometimes linked to political demands for more democracy
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
. Presbyteries were empowered to call in the army to impose a disputed appointment.
Outcome
The Act was highly opposed by the Church of ScotlandChurch of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
because of its intrusion into church elections and was considered lay investiture. The General Assembly of 1712, inserted a clause in the instructions to its Commissioners to protest to Parliament and this instruction was repeated annually until 1784. However, due to the strength of the aristocracy
Aristocracy
Aristocracy , is a form of government in which a few elite citizens rule. The term derives from the Greek aristokratia, meaning "rule of the best". In origin in Ancient Greece, it was conceived of as rule by the best qualified citizens, and contrasted with monarchy...
, the Act remained in force for a considerable length of time. It was finally repealed by section 3 of the Church Patronage (Scotland) Act 1874
Church Patronage (Scotland) Act 1874
Church Patronage Act 1874 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It repealed the Church Patronage Act 1711. It was passed on 7th August 1874 and its full title is An Act to alter and amend the laws relating to the Appointment of Ministers to Parishes in...
(c.82).
1719 Patronage Act
In 1719 Parliament passed an Act requiring any presentee to declare his willingness to take up a Patron's offer. This was to prevent a Patron presenting a candidate he knew would not, or could not, take up a post, so he could meanwhile make use of the stipend, etc. Many optimistically thought this was the end of Patronage, as no right-thinking Presbyterian would declare willingness to accept a Patron's offer, but after an uncertain few years, Patronage continued as the norm.1730 General Assembly
An Act by the General Assembly of 1730, by which objectors to decisions of Church courts could no longer have these officially recorded, was regarded by Evangelicals as a move to silence their opposition to Patronage.1732 General Assembly
When a Patron failed to nominate a candidate for a vacancy within six months, his right of Patronage fell to the Presbytery. Each Presbytery proceeded as it saw fit, but the General Assembly of 1732 passed an Act which regulated this, by establishing the 1690 rules, granting the Patronage right to the HeritorHeritor
Heritor, was a privileged person in a Parish in Scots Law. In its original acceptation, it signified the proprietor of an heritable subject, but, in the law relating to Parish government, the term was confined to such proprietors of lands or houses as were liable, as written in their title deeds,...
s and Elder
Elder (Christianity)
An elder in Christianity is a person valued for his wisdom who accordingly holds a particular position of responsibility in a Christian group. In some Christian traditions an elder is a clergy person who usually serves a local church or churches and who has been ordained to a ministry of Word,...
s, with procedures to be followed if a congregation objected to a candidate. Some members, including Ebenezer Erskine
Ebenezer Erskine
Ebenezer Erskine was a Scottish minister whose actions led to the establishment of the Secession Church ....
wanted to see the regulations of 1649 applied, by which all (male) "Heads of families" in a congregation called a Minister. The fact that they could no longer have their objections recorded led to the first schism in the Church of Scotland - the Original Secession
First Secession
The First Secession was an exodus of ministers and members from the Church of Scotland in 1733. Those who took part formed the Associate Presbytery and later the United Secession Church....
.
1834 General Assembly Veto Act
An Act of this Assembly was passed, stating that if a simple majority of the male Heads of households objected to a candidate presented by a Patron, and were prepared to give their reasons to the Presbytery, the candidate could not be admitted. This event marked the end of the dominance of the ModeratesModerate Party (Scotland)
Moderates, in church terms is, normally, though not exclusively, used to refer to an important party of clerics in the Church of Scotland during the 18th century. They are often contrasted with Evangelicals, though this is very much a simplification...
and the strength of the Evangelicals.
Great Disruption 1841
A series of civil actions 1838 - 1841 in the Court of SessionCourt of Session
The Court of Session is the supreme civil court of Scotland, and constitutes part of the College of Justice. It sits in Parliament House in Edinburgh and is both a court of first instance and a court of appeal....
, and confirmed in the House of Lords
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
declared the above Veto Act ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
, so unenforceable by law. They also indicated that the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
, having been set up by statute, was subject to the law of the land in all civil matters. Its Prebyteries were liable to severe financial penalties if they resisted Patron's nominees using the Veto Act. Court orders were made forbidding the Ordaining (a spiritual function) of other Ministers who might harm the interests of a Patron's nominee. This led to the Great Disruption in 1841 - a walk-out of Ministers led by Thomas Chalmers
Thomas Chalmers
Thomas Chalmers , Scottish mathematician, political economist, divine and a leader of the Free Church of Scotland, was born at Anstruther in Fife.-Overview:...
- and the setting up of the Free Church of Scotland
Free Church of Scotland (1843-1900)
The Free Church of Scotland is a Scottish denomination which was formed in 1843 by a large withdrawal from the established Church of Scotland in a schism known as the "Disruption of 1843"...
.This Church has not doctrinal difference with the majority of other Ministers, who remained within the Church of Scotland
Church of Scotland
The Church of Scotland, known informally by its Scots language name, the Kirk, is a Presbyterian church, decisively shaped by the Scottish Reformation....
, determined to remain within the law, but also determined to have it changed.
End of Lay Patronage
By the Church Patronage (Scotland) Act 1874Church Patronage (Scotland) Act 1874
Church Patronage Act 1874 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland. It repealed the Church Patronage Act 1711. It was passed on 7th August 1874 and its full title is An Act to alter and amend the laws relating to the Appointment of Ministers to Parishes in...
, 163 years after the 1711 Act, lay patronage was abolished for the Church of Scotland.
It was up to the General Assembly to lay down the rules as to how the view of the congregation was to be decided. Initially, this was by a meeting of all the male Heads of Households and Elders, but a sophisticated process of trials was developed, which by the second half of the twentieth Century, also allowed females a voice in the selection of Ministers. (Women became Deaconesses in 1898, and Elders in 1966, and so eligible to be elected to the General Assembly. They became eligible to be Ministers in 1968.)
External links
- Text of the 1711 Patronage Act
- Texts of various Acts of the Parliament of Scotland, the Parliament of Great Britain, the Treaty of Union and Acts, Declarations and Instructions of the General Assembly, along with extracts from the First and Second Books of Discipline.
Sources
- Heatherington, W M History of the Church of Scotland ... to 1841 Johnstone, Edinburgh, 1842
- The select antipatronage library consisting chiefly of reprints of scarce pramphlets connected with lay-patronage in the Church of Scotland John Johnstone, Edinburgh, 1842
- Stevens, A J The Statutes Relating to the Ecclesiastical and Eleemosynary Institutions of England, ... etc Vol I, Parker, London, 1843
- The Gentleman's Magazine, Vol V, J Murray, Edinburgh 1735
- Gillan, Robert An abridgment of the acts of the General Assemblies of the Church of Scotland: from the year 1638 to 1820 inclusive, to which is subjoined an Appendix containing an abridged view of the civil law relating to the Church General Assembly, Edinburgh, 1821
- Dunbar, W H et al, The Scottish Jurist: containing reports of cases decided in the House of Lords, Courts of Session, Teinds, and Exchequer, and the Jury and Justiciary Courts Vol X Michael Anderson, Edinburgh, 1838
- Bell, William (revised by Ross, G) A Dictionary and Digest of the Law of Scotland, with short explanations of the most ordinary English law terms Bell & Bradfute, Edinburgh, 1861
- Innes, A T The law of creeds in Scotland: a treatise on the legal relation of churches in Scotland established and not established, to their doctrinal confessions Blackwood, Edinburgh, 1867
- Argyle, Duke of, Speeches of His Grace the Duke of Argyll on the Church Patronage (Scotland) Bill, 2d and 10th June 1874. Blackwood, Edinburgh, 1874
- Coffey, John Politics, religion and the British revolutions: the mind of Samuel Rutherford Cambridge University Press 1997
- UK Statute Law Database, 1874