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repealed; the ecclesiastical law, however, to subsist by way of contract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 L500,000 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, liberta_ (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'ecole libre des Sciences politiques_, tom. i. (Paris,
1885), art. "La Separation de l'Eglise et de l'Etat en Angleterre," by
L. Ayral. (W. E. Co.)
FOOTNOTES:
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