Church of Scotland Act 1921
Encyclopedia
The Church of Scotland Act 1921 is an Act
of the British Parliament, passed in 1921. The purpose of the Act was to settle centuries of dispute between the British Parliament and the Church of Scotland
over the Church's independence in spiritual matters. The passing of the Act saw the British Parliament recognise the Church's independence in spiritual matters, by giving legal recognition to the Articles Declaratory
.
since when it has held that the civil power had no authority over it, thus denying that it was an Established church
and leading to conflicts with successive rulers from the Stuart monarchs onward. Monarchs tended to prefer the model of the Church of England
, where the Crown had the power to appoint bishops, and various other forms of power over the Church (although it was not reduced to the complete state control found in Scandinavia).
The particular crisis came over the question of "lay patrons", who had the right to "present"
(appoint) a minister. This was abolished in 1690 at the time of the Glorious Revolution
but restored in 1712. In theory the congregation could accept or reject a candidate, but in
practice this often meant little. By the late 18th century the Church was divided into the Moderate
and Evangelical parties. These differed especially on the question of lay patronage,
which the Evangelicals rejected. Underlying this was the split between the Calvinism of the
Evangelicals and the more Enlightenment tone of the Moderates.
In 1833 the General Assembly of the Church of Scotland passed a Veto Act giving congregations
the clear power of veto. However the courts generally upheld the rights of lay patrons, and
thus the issue became one of Church and State. In 1843 a large part of the Church seceded as
the Free Church of Scotland — not rejecting Establishment in principle, but only its
present form. This secession was known as the Disruption
.
In the early 20th century a reunion between the Church of Scotland and the United Free
Church seemed possible. To overcome problems (including legal problems which had followed
the earlier merger of the Free Church and the United Presbyterian Church) the Church
of Scotland Act 1921 (11 & 12 Geo. 5 c. 29) was passed. This noted that the General
Assembly had passed Declaratory Articles
. These were declared to be lawful. (Thus,
they were not created by parliament.) It was declared that "no limitation of the
liberty, rights, and powers in matters spiritual therein set forth shall be derived from
any statute or law affecting the Church of Scotland in matters spiritual at present
in force; it being hereby declared that in all questions of construction the Declaratory Articles
shall prevail..." (s. 1).
The Church of Scotland remains the National Church, but it has complete independence in spiritual questions and appointments. After the passing of the act, a church historian proclaimed: "No Church in Christendom can so fully claim to be at once national and free as the Church of Scotland today."
When legislating for Scotland
since the passing of the Act, the British Parliament has to consider whether the Church of Scotland is to be excluded from the provisions. Examples included the passing of the Scotland Act 1998
, which had to be worded not to infringe on the independence of the Church, and prevent the Scottish Parliament
repealing the Church of Scotland Act. Also during the passing of the Human Rights Act 1998
, an amendment was proposed when the bill was passing through the House of Lords
to exclude the Church of Scotland from some of the provisions. In the end, this was not deemed necessary.
In 2005, the House of Lords finally decided the case Percy (AP) v. Church of Scotland Board of National Mission http://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051215/percy-1.htm, ruling that, despite the 1921 Act, a ministerial appointment created a contract subject to the jurisdiction of the civil courts and employment tribunals.
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 British Parliament, passed in 1921. The purpose of the Act was to settle centuries of dispute between the British Parliament and 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....
over the Church's independence in spiritual matters. The passing of the Act saw the British Parliament recognise the Church's independence in spiritual matters, by giving legal recognition to the Articles Declaratory
Articles Declaratory of the Constitution of the Church of Scotland
The Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland...
.
Background
The Church of Scotland was founded as a Presbyterian church in 1560 during the Scottish ReformationScottish Reformation
The Scottish Reformation was Scotland's formal break with the Papacy in 1560, and the events surrounding this. It was part of the wider European Protestant Reformation; and in Scotland's case culminated ecclesiastically in the re-establishment of the church along Reformed lines, and politically in...
since when it has held that the civil power had no authority over it, thus denying that it was an Established church
State religion
A state religion is a religious body or creed officially endorsed by the state...
and leading to conflicts with successive rulers from the Stuart monarchs onward. Monarchs tended to prefer the model of the Church of England
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
, where the Crown had the power to appoint bishops, and various other forms of power over the Church (although it was not reduced to the complete state control found in Scandinavia).
The particular crisis came over the question of "lay patrons", who had the right to "present"
(appoint) a minister. This was abolished in 1690 at the time 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...
but restored in 1712. In theory the congregation could accept or reject a candidate, but in
practice this often meant little. By the late 18th century the Church was divided into the Moderate
and Evangelical parties. These differed especially on the question of lay patronage,
which the Evangelicals rejected. Underlying this was the split between the Calvinism of the
Evangelicals and the more Enlightenment tone of the Moderates.
In 1833 the General Assembly of the Church of Scotland passed a Veto Act giving congregations
the clear power of veto. However the courts generally upheld the rights of lay patrons, and
thus the issue became one of Church and State. In 1843 a large part of the Church seceded as
the Free Church of Scotland — not rejecting Establishment in principle, but only its
present form. This secession was known as the Disruption
Disruption of 1843
The Disruption of 1843 was a schism within the established Church of Scotland, in which 450 ministers of the Church broke away, over the issue of the Church's relationship with the State, to form the Free Church of Scotland...
.
In the early 20th century a reunion between the Church of Scotland and the United Free
Church seemed possible. To overcome problems (including legal problems which had followed
the earlier merger of the Free Church and the United Presbyterian Church) the Church
of Scotland Act 1921 (11 & 12 Geo. 5 c. 29) was passed. This noted that the General
Assembly had passed Declaratory Articles
Articles Declaratory of the Constitution of the Church of Scotland
The Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland...
. These were declared to be lawful. (Thus,
they were not created by parliament.) It was declared that "no limitation of the
liberty, rights, and powers in matters spiritual therein set forth shall be derived from
any statute or law affecting the Church of Scotland in matters spiritual at present
in force; it being hereby declared that in all questions of construction the Declaratory Articles
Articles Declaratory of the Constitution of the Church of Scotland
The Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland...
shall prevail..." (s. 1).
Current position
This has created a new and revised relationship between the Church and the State.The Church of Scotland remains the National Church, but it has complete independence in spiritual questions and appointments. After the passing of the act, a church historian proclaimed: "No Church in Christendom can so fully claim to be at once national and free as the Church of Scotland today."
When legislating for 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...
since the passing of the Act, the British Parliament has to consider whether the Church of Scotland is to be excluded from the provisions. Examples included the passing of the Scotland Act 1998
Scotland Act 1998
The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...
, which had to be worded not to infringe on the independence of the Church, and prevent the Scottish Parliament
Scottish Parliament
The Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood", is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
repealing the Church of Scotland Act. Also during the passing of the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
, an amendment was proposed when the bill was passing through 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....
to exclude the Church of Scotland from some of the provisions. In the end, this was not deemed necessary.
In 2005, the House of Lords finally decided the case Percy (AP) v. Church of Scotland Board of National Mission http://www.parliament.the-stationery-office.co.uk/pa/ld200506/ldjudgmt/jd051215/percy-1.htm, ruling that, despite the 1921 Act, a ministerial appointment created a contract subject to the jurisdiction of the civil courts and employment tribunals.
See also
- Religion in the United KingdomReligion in the United KingdomReligion in the United Kingdom and the states that pre-dated the UK, was dominated by forms of Christianity for over 1,400 years. Although a majority of citizens still identify with Christianity in many surveys, regular church attendance has fallen dramatically since the middle of the 20th century,...
- Articles DeclaratoryArticles Declaratory of the Constitution of the Church of ScotlandThe Articles Declaratory of the Constitution of the Church of Scotland – often known as the Declaratory Articles - were drawn up early in the 20th century to facilitate the union of the Church of Scotland and the United Free Church of Scotland...