The position of the Church of Ireland until its disestablishment (see below) was not dissimilar. With Scotland the case is different. The establishment of the Kirk was an entirely new process, carried out by a more or less definite series of legislative and administrative acts. The Convention of Estates which met at Edinburgh in 1560 ordered the drawing up of a new Confession of Faith, which was done in four days by a committee of preachers, and on the 24th of August it passed three acts, one abolishing the pope’s authority and all jurisdiction of Catholic prelates, another repealing the old statutes in favour of the Old Church, the third forbidding the celebrating and hearing of mass under penalty of imprisonment, exile and death. The intention was to make a clean sweep of the Old Church, which was denounced as “the Kirk Malignant.”[3] The new model thus set up was confirmed by the Scottish act of 1567, c. 6, which declared it to be “the onely true and halie kirk of Jesus Christ within this realme.” Again, after the revolution of 1688 had put an end to the attempts of the Stuart kings to impose the episcopal model on Scotland, by the act of 1690, c. 5, the crown and estates “ratifie and establish the Confession of Faith, ... as also they do establish, ratifie and confirm the Presbyterian government and discipline.” The “Act of Security” of 1705, as incorporated in the Act of Union 1706, speaking of it “as now by law established,” says that “Her Majesty ... doth hereby establish and confirm” it, and finally declares this act, “with the Establishment therein contained,” to be “a fundamental and essential condition of the Union.” Nevertheless, the conditions of establishment in the Scottish Kirk are much easier than those of the Church of England. It is bound by the statutes sanctioning its doctrine and order, but within these limits its legislative and judicial freedom is unimpaired. A royal commissioner is present at the meetings of the general assembly, but he need not be a member of the Kirk; and there is no constitutional tie between the crown and the Kirk such as there is in England. There is what may accurately be described as a state endowment, the bulk of the property of the Old Church having been conferred upon the Scottish Kirk.
Not unnaturally the organization of Anglican Churches in the colonies was followed in some cases by their establishment, which included endowment. It was so, for example, in the East and West Indies; and the disestablishment The Colonies. of the West Indian Church in 1868 was followed, in 1873, by a re-establishment of the Church in Barbados by the colonial legislature. India is the only other part of the empire (outside Great Britain) in which there is to-day a religious establishment.
Disestablishment is in theory the annulling of establishment; but since an established Church is usually rich, disestablishment generally includes disendowment, even where there is no state endowment of religion. It is, in short, the Disestablishment. abrogation of establishment, coupled with such a confiscation of Church property as the state thinks good in the interests of the community. The disestablishment of the West Indian Church in 1868 has already been referred to; in 1869 the Irish Church Disestablishment Bill was passed. Private bills relating to Scotland have more than once been brought forward. In 1895 the Liberal government introduced a suspensory bill, intended as the preliminary step towards disestablishing and disendowing the Church in Wales; it was withdrawn, however, in the same session, and the question of Welsh disestablishment slumbered until in 1906 a royal commission was appointed by the Liberal government to inquire into the subject, and in 1909 a bill was introduced on much the same lines as in 1895.
The case of the Irish Church will illustrate the process of disestablishment, although, of course, the precise details would vary in other cases. The Irish Church Act was passed in 1869 by Gladstone’s first government, after considerable opposition, and provided that from January 1, 1871, the union created by statute between the Churches of England and Ireland should be dissolved, and the Church of Ireland should “cease to be established by law.” Existing ecclesiastical corporations were dissolved, and their rights ceased, compensation being given to all individuals and their personal precedence being secured for life. All rights of patronage, including those of the crown, were abolished, with compensation in the case of private patrons; and the archbishops and bishops ceased to have the right of summons to the House of Lords. All laws restraining the freedom of action of the Church were repealed; the ecclesiastical law, however, to subsist by way of contract amongst the members of the Church (until altered by a representative body). Provision was made for the incorporation by charter of the representative body of the Church, should such a body be found, with power to hold landed property. All existing ecclesiastical property was vested in a commission, which was to give compensation for life interests, to transfer to the new representative body the churches, glebe houses, and £500,000 in compensation for endowments by private persons since 1660, and to hold the rest for such purposes as parliament might thereafter determine.
Authorities.—F.R. Dareste, Les Constitutions modernes (Paris, 1891); H. Geffcken, Church and State, trans. by E.F. Taylor (London, 1877); P. Schaff, Church and State in the United States (Papers of the American Hist. Association, vol. ii. No. 4), (New York, 1888); L. Minghetti, Stato e Chiesa (Milan, 1878), French translation, with Introd. by E. de Laveleye (Paris, 1882); C. Cadorna, Religione, diritto, libertà (Milan, 1893); F. Nippold, Die Theorie der Trennung von Kirche und Staat (Bern, 1881); W. Warburton, Alliance between Church and State (London, 1741) (Works, vol. iv., ed. Hurd, London, 1788); Church Problems (ed. by H.H. Henson) (London, 1900); Essays on “Establishment” and “Disendowment”; W.R. Anson, Law and Custom of the Constitution, vol. ii. chap. ix. (Oxford, 1892); Phillimore, Ecclesiastical Law (London, 1895); J.S. Brewer, Endowments and Establishment of the Church of England (ed. by L.T. Dibdin, London, 1885); A.T. Innes, Law of Creeds in Scotland (Edinburgh, 1867); E.A. Freeman, Disestablishment and Disendowment (London, 1883); G. Harwood, Disestablishment (London, 1876); Annales de l’école libre des Sciences politiques, tom. i. (Paris, 1885), art. “La Séparation de l’Église et de l’État en Angleterre,” by L. Ayral.
(W. E. Co.)
[1] In effect this involves the establishment of all religious denominations, for none can exist without the express authorization of the state, and all are subject to more or less interference on its part. Thus the emperor-king is, in his capacity of head of the state, technically “bishop” of the Evangelical Church, the constitution of which was fixed by an imperial patent in 1866 and modified by. another in 1891 (see Herzog-Hauck, Realencykl. ed. 1904, s. “Österreich”).—[Ed.]
[2] Also in the other German Protestant states. The relations of the Roman Catholic Church with the various governments are settled by separate concordats with the papacy (see [Concordat]).
[3] Andrew Lang, Hist. of Scotland, ii. p. 75 ff. Compare with this the position of the reformers generally in England, where even so stout a Puritan as William Harrison (Description of England, 1570) does not dream of separating the organic life of the Church of England from that of the pre-Reformation Church. (Ed).