Education Act 1646
Encyclopedia
The Education Act 1646 was 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...

 (1646 c.46) that ordered locally funded, Church-supervised schools to be established in every parish 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...

. It was passed by the Parliament at St. Andrews
St Andrews
St Andrews is a university town and former royal burgh on the east coast of Fife in Scotland. The town is named after Saint Andrew the Apostle.St Andrews has a population of 16,680, making this the fifth largest settlement in Fife....

 on 2 February 1646 in the reign 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...

, titled "Act for founding of schools in every parish."

The act stated that for every parish without a school and paid schoolmaster:
  • a school will be founded and a schoolmaster appointed with the advice of the presbytery.
  • to this end, 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 of every congregation will meet and provide:
    • a suitable house for the school.
    • an annual stipend for the schoolmaster, between 100-200 merks.
    • a new tax on land and outdoor property to pay for these.
  • if the heritors do not do this, a panel of 12 men will be appointed by the presbytery, and the panel is empowered to do it and assess the new tax.
  • if the new tax is not paid, the debt is doubled, letters of horning
    Letters of horning
    Letters of horning : a document issued by civil authorities that publicly denounce a person as a rebel. The document was issued against persons who had not paid their debts....

     are issued, and further actions will be taken; and if the tax is still not paid, the debt is repeatedly redoubled until it has been paid.
  • life-rent
    Liferent (Scots law)
    Liferent or Life-rent in Scots law is the right to receive for life the benefits of a property or other asset, without the right to dispose of the property or asset...

    ers owe the new tax on their rented land, just as if they were heritors.
  • it is lawful for any person to petition the Privy Council
    Privy Council of Scotland
    The Privy Council of Scotland was a body that advised the King.In the range of its functions the council was often more important than the Estates in the running the country. Its registers include a wide range of material on the political, administrative, economic and social affairs of Scotland...

     for redress of any perceived inequality, if done within a year and a day.


The act reflected the current status of the ongoing Episcopalian
Anglicanism
Anglicanism is a tradition within Christianity comprising churches with historical connections to the Church of England or similar beliefs, worship and church structures. The word Anglican originates in ecclesia anglicana, a medieval Latin phrase dating to at least 1246 that means the English...

-Presbyterian
Presbyterianism
Presbyterianism refers to a number of Christian churches adhering to the Calvinist theological tradition within Protestantism, which are organized according to a characteristic Presbyterian polity. Presbyterian theology typically emphasizes the sovereignty of God, the authority of the Scriptures,...

 power struggle by specifying school supervision by presbyteries (the Presbyterian view; the Episcopalian view was supervision by bishop
Bishop
A bishop is an ordained or consecrated member of the Christian clergy who is generally entrusted with a position of authority and oversight. Within the Catholic Church, Eastern Orthodox, Oriental Orthodox Churches, in the Assyrian Church of the East, in the Independent Catholic Churches, and in the...

s).

This act had the same purpose as the Education Act 1633
Education Act 1633
The Education Act 1633 was an Act of the Parliament of Scotland that ordered a locally funded, Church-supervised school to be established in every parish in Scotland, and included the means to realise that order. The act was passed by the Parliament at Edinburgh on 18 June 1633, titled...

, which had been only partially successful because it had required the consent of those paying the tax, or of members of the congregation. That consent was not always given, but this act allowed the presbytery to ensure that it was done, and placed stiff penalties on those who did not comply. However, this act (of 1646) was passed amidst the tumult of the civil war
English Civil War
The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

s, and was rescinded in 1661 when the political winds shifted with the Restoration
English Restoration
The Restoration of the English monarchy began in 1660 when the English, Scottish and Irish monarchies were all restored under Charles II after the Interregnum that followed the Wars of the Three Kingdoms...

, so it never had the opportunity to become effective. It would be passed again 50 years later (Education Act of 1696
Education Act 1696
The Education Act 1696 was an Act of the Parliament of Scotland that ordered locally funded, Church-supervised schools to be established in every parish in Scotland...

), with little changed but the use of more modern (ie, 50 years later) wording.

See also

  • Education in Scotland
    Education in Scotland
    Scotland has a long history of universal provision of public education, and the Scottish education system is distinctly different from the other countries of the United Kingdom...

  • 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...

  • School Establishment Act 1616
    School Establishment Act 1616
    The School Establishment Act 1616 was an Act of the Scottish Privy Council dated 10 December 1616. It mandated the establishment of publicly funded, Church-supervised schools in every parish of Scotland. The act was a consequence of the Scottish Reformation, and was the basis of all future acts of...

  • Education Act 1633
    Education Act 1633
    The Education Act 1633 was an Act of the Parliament of Scotland that ordered a locally funded, Church-supervised school to be established in every parish in Scotland, and included the means to realise that order. The act was passed by the Parliament at Edinburgh on 18 June 1633, titled...

  • Education Act 1696
    Education Act 1696
    The Education Act 1696 was an Act of the Parliament of Scotland that ordered locally funded, Church-supervised schools to be established in every parish in Scotland...

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