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ESTABLISHMENT (0. Fr. establissement,...
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See also:ESTABLISHMENT (0. Fr. establissement, Fr. etablissement, See also:late Norm. Fr. establishement, from O. Fr. establir, Fr. etablir, See also:Lat. stabilire, to make See also:stable) , generally the See also:act of establishing or fact of being established, and so by transference a thing established. Thus we may speak of the establishment (i.e. setting up) of a business, the "See also:long establishment " of a business, and of the manager of " the establishment." In a See also:special sense the word is applied, with something of all the three above-mentioned connotations, to certain religious bodies in their relation to the See also:state. It is with this latter that the See also:present See also:article is concerned. Perhaps the best See also:definition which can be given, and which will See also:cover all cases, is that establishment implies the existence of some definite and distinctive relation between the state and a religious society (or conceivably more than one) other than that which is shared in by other See also:societies of the same See also:general See also:character. Of course, a certain relationship must needs exist between the state and every society, religious or See also:secular, by virtue of the See also:sovereignty of the state over each and all of its members. Every society must possess certain principles or perform certain acts, and the state may make the profession of such principles unlawful, or impose a See also:penalty upon the performance of such acts; and, moreover, every society is liable before the.See also:law as to the fulfilment of its obligations towards its members and the due See also:administration of its See also:property should it possess any. With all this establishment has nothing to do. It is not concerned with what pertains to the religious society qua society, or with what is See also:common to all religious societies, but with what is exceptional. It denotes any special connexion with the state, or privileges and responsibilities before the law, possessed by one religious society to the exclusion of others; in a word, establishment is of the nature of a See also:monopoly. But it does not imply merely See also:privilege. The state and the See also: In Russia the " Orthodox See also:Catholic Eastern " is the state religion. The See also:emperor is, by the fundamental See also:laws of the empire, "the sovereign defender and See also:protector of the dogmas of the dominant faith, who maintains orthodoxy and See also:holy discipline within the Church," although, of course, he cannot modify either its dogmas or its outward See also:order. Further, " the autocratic (i.e. imperial) See also:power acts in the ecclesiastical administration by means of the Most Holy Ruling See also:Synod, created by it "; and all the See also:officers of the Church are appointed by it. The enactments of the Synod do not become law till they have received the emperor's See also:sanction, and are then published, not in its name but in his; and a large See also:part of the revenues of the Church is derived from state subsidies. In Greece " the dominant religion (`H brucpa,rovva Ops oKeia) is that of the Eastern Orthodox Church of See also:Christ "; and although See also:toleration is otherwise See also:complete, no proselytism from the Church of Greece is allowed. The See also: It is much the same in Denmark, where, however, the " Evangelical-Lutheran Church " has since the fundamental constitutional law of the 5th of See also:June 1849 been officially described as the See also:National Church (Folkekirche) instead of the State Church (Statskirche) as formerly, • and the constitution provides for its regulation by further legislation, which has not yet been passed. For Prussia, see under that heading; it need only be added that self-See also:government still tends to increase, but that the emperor See also: In Italy, in spite of the See also:feud between the papacy and the civil power, the fact remains that, by the Statuto fondamentale, " the Catholic, Apostolic and Roman religion is the See also:sole religion of the state," and the king may nominate " archbishops and bishops of the state " to be senators. The See also:Legge sidle See also:prerogative del Summo Pontifice, &c., or " Law of Guarantees," by which the papal prerogatives are secured, has been declared by the See also:Council of State to be a fundamental law; and while many civil restrictions upon the activities of the Church are removed by it, outside See also:Rome and the suburbicarian dioceses the royal See also:exequatur is still required before a bishop is installed. Moreover, the bulk of Church property having been secularized, the See also:Italian clergy receive a See also:stipend from the state. Establishment is, of course, a distinctively See also:English See also:term, but it implies precisely the same thing as " Staatsreligion " or " eglise dominante " does elsewhere, neither more nor less. Church It denotes the existence of a special relationship be- and State in See also:Britain. tween Church and state without defining its precise nature. The statement that the Church of England or the Scottish See also:Kirk is " established by law " denotes that it has a See also:peculiar status before the law; but that is all. (a) There is no basis whatever for the once popular See also:assumption that the word " established " as applied to the Church means " created," or the like; on the contrary, the See also:modern use of the word in this sense is a misleading perversion. To establish is to make See also:firm or stable; and a thing cannot be established unless it is already in existence. A few examples will make it clear that this is the true sense of the word, and that in which it is used here. " Stablish the thing, 0 See also:God, that See also:thou hast wrought in us " (Ps. lxviii. 28, P.B.; A.V. and R.V. " strengthen ") implies that the thing is already wrought; it could not be " stablished else. " Stablish your See also:hearts " (Jas v. 8) implies that the hearts are already in existence. " Until he had her settled in her raine With safe assuraunce and establishment " (Faerie Queene, v. Xi. 35) would have been impossible unless the reign had already begun. This is the meaning of the words in many Tudor acts of See also:parliament, " be it enacted, ordained and established," or the like (21 See also:Hen. VIII. c. 1; 27 Hen. VIII. c. 28, s. 9; 28 Hen. which is then and there enacted is to be valid for the future. (b) Nor is it necessarily implied that establishment is a See also:process completed once for all. Every law touching the Church slightly alters its conditions; everything that affects the relations of Church and state may be regarded as a measure of establishment or the See also:reverse. When the two Houses of Parliament, in an address to William III. after his See also:coronation, spoke of their See also:pro-posed See also:measures of toleration, the king said in his reply, " I do See also:hope that the ease which you See also:design to Dissenters will contribute very much to the establishment of the Church " (See also:Cobbett, Parl. Hist. v. 218). And See also:Defoe (in 1702) published an ironical See also:tract with the See also:title, The Shortest Way with the Dissenters, or Proposals for the Establishment of the Church. (c) Nor is it necessarily implied that there was any specific See also:time at which establishment took See also:place. Such may indeed be the See also:case, as with the Kirk in Scotland; but it certainly cannot be said that the English Church was established at any particular time, or by any particular legislative act. There were, no doubt, periods when the existing relations between Church and state were modified or re-defined, notably in the 16th and 17th centuries; but the relations themselves are far older. In fact, they existed from the very first: the English Church and state See also:grew up See also:side by side, and from the beginning they were in See also:close relations with one another. But although the state of things which it represented was there from the first, the term " established " or " established by law " only came into use at a later date. Until there was some other religious society to be compared with it such a distinctive epithet would have had no point. As, however, there arose religious societies which had no status before the law, it became more natural; and yet more so when the formularies of the Church came to be " established " by civil sanctions (the Books of Common See also:Prayer by 5 and 6 Edw. VI. c. 1, s. 4, &c.; the Articles by 13 Eliz. c. 12; the new Ordinal by 13 and 14 See also:Car. II. c. 4, title). Accordingly the Church itself came to be spoken of as established by law; first, it would seem, in the Canons of 1604, and subsequently in many statutes (Act of See also:Settlement, 6 See also:Anne, c. 8 and c. If, &c.). In all such cases the Church is described as already established, not as being established by the particular See also:canon or See also:statute. In other words, the constitutional status of the Church is affirmed, but nothing is said as to how it arose. The legislative changes of the 16th and 17th centuries brought " establishment " into greater prominence and greatly modified its conditions, but a moment's thought will show that it did not begin then. If, e.g., all See also:post-See also:Reformation ecclesiastical statutes were non-existent, the relations between Church and state would be very different, but there would still be an " establishment." The bishops would sit in the See also:House of Lords, the clergy would tax themselves in See also:convocation, the Church courts would possess coercive See also:jurisdiction, and so on. The present relations of Church and state in England may be briefly summed up as follows: (1) The See also:personal relation of the See also:crown to the Church, including (a) restraints upon the See also:action of convocation (formulated by 25 Hen. VIII. c. 19); (b) nomination of bishops, &c. (25 Hen. VIII. c. 20); (c) power of supervision as visitor, long disused (26 Hen. VIII. c. 1; 1 Eliz. c. 1, s. 17); (d) power of receiving appeals as the fount of civil See also:justice (25 Hen. VIII. c. 19, &c.). In connexion with these, it must be See also:borne in mind that (a) the holder of the crown receives coronation from the church and takes an See also:oath having reference to it (1 Will. III. c. 6), and (b) the crown is held on the See also:condition of communion with the Church of England (Act of Settlement; the conditions of communion are laid down in the Prayer See also:Book, which itself is sanctioned by law). (2) The relation of the Church to the crown in parliament. No See also:change has been permitted in its See also:doctrine or formularies without the sanction of an act of parliament. (3) Privileges of the Church and clergy. Of these may be mentioned (a) the coercive jurisdiction of the Church courts; (b) the right of bishops to sit in the House of Lords. It need hardly be said that establishment in England does not include an endowment of the Church by the state. Nothing of the See also:kind ever took place on any large See also:scale, and the grants for Church purposes in the 18th See also:century are comparable with the See also:regium donum to Nonconformists. The position of the Church of See also: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 See also:series of legislative and administrative acts. The See also:Convention of Estates which met at See also:Edinburgh in 1560 ordered the See also:drawing up of a new See also:Confession of Faith, which was done in four days by a See also:committee of preachers, and on the 24th of See also:August it passed three acts, one abolishing the See also: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 See also:hearing of See also:mass under penalty of imprisonment, See also:exile and See also:death. The intention was to make a clean sweep of the Old Church, which was denounced as " the Kirk See also:Malignant."' The new See also: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 See also:Stuart See also: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 1 See also:Andrew See also:Lang, Hist. of Scotland, ii. p. 75 if. Compare with thin the position of the reformers generally in England, where even so stout a Puritan as William See also:Harrison (Description of England, 1570) does not See also:dream of separating the organic life of the Church of England from that of the pre-Reformation Church. (Ed ). discipline." The " Act of See also:Security " of 1705, as incorporated in the Act of See also:Union 1706, speaking of it " as now by law established," says that "Her See also: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 See also:bound by the statutes sanctioning its doctrine and order, but within these limits its legislative and judicial freedom is unimpaired. A royal See also:commissioner is present at the meetings of the general See also: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 See also:Anglican Churches in the colonies was followed in some cases by their establishment, which included endowment. It was so, for example, The in the See also:East and See also:West Indies; and the disestablishment Colonies. of the West See also:Indian Church in 1868 was followed, in 1873, by a re-establishment of the Church in See also:Barbados by the colonial legislature. See also:India is the only other part of the empire (outside See also: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 See also:rich, disestablishment generally includes disendowment, even where there is no state endowment of religion. It is, in See also:short, the See also:abrogation of establishment, coupled with such a See also: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 See also:Bill was passed. Private bills See also: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 See also:Wales; it was withdrawn, however, in the same session, and the question of Welsh disestablishment slumbered until in 1906 a royal See also: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 See also:Gladstone's first government, after considerable opposition, and provided that from See also: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, See also:compensation being given to all individuals and their personal See also: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 See also: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 See also:contract amongst the members of the Church (until altered by a representative See also:body). See also:Provision was made for the See also:incorporation by See also: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 See also:transfer to the new representative body the churches, See also:glebe houses, and £5oo,000 in compensation for endowments by private persons since 166o, and to hold the See also:rest for such purposes as parliament might thereafter determine. diritto, liberta (See also:Milan, 1893) ; F. Nippold, See also:Die Theorie der Trennung von Kirche and Staat (See also:Bern, 1881) ; W. Warburton, See also:Alliance between Church and State (See also:London, 1741) (See also:Works, vol. iv., ed. See also:Hurd, London, 1788) ; Church Problems (ed. by H. H. Henson) (London, 1900) ; Essays on " Establishment " and " Disendowment "; W. R. See also:Anson, Law and See also:Custom of the Constitution, vol. ii. See also:chap. ix. (See also:Oxford, 1892) ; See also:Phillimore, Ecclesiastical Law (London, I895); J, S. See also:Brewer, Endowments and Establishment of the Church of England (ed. by L. T.. See also:Dibdin, London, 1885) ; A. T. Innes, Law of See also:Creeds in Scotland (Edinburgh, 1867) ; E. A. See also:Freeman, Disestablishment and Disendowment (London, 1883) ; G. Harwood, Disestablishment (London, 1876) ; Annales de l'ecole libre See also:des. Sciences politigues, tom. i. (See also:Paris, 1885), See also:art. " La Separation de 1'Eglise et de l'Etat en Angleterre," by L. Ayral. (W. E. Additional information and CommentsThere are no comments yet for this article.
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