Church Patronage (Scotland) Act 1711 - Reformation

Reformation

The Church in Scotland was Reformed under the guidance of John Knox 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).