Bannatyne v. The United Free Church of Scotland [1902] ScotLR 39_793 (04 July 1902)

Bannatyne v. The United Free Church of Scotland [1902] ScotLR 39_793 (04 July 1902)

The establishment principle, though important in the Free Church's early history, was not treated as a fundamental and essential doctrine that could not be altered. The Free Church, through its General Assembly and in accordance with the Barrier Act, had power to abandon the establishment principle. The majority, having followed proper procedure, did not forfeit rights to the property by entering into union with the United Presbyterian Church. The minority is not entitled to claim the property on the basis of adherence to the establishment principle.

Citation
[1902] ScotLR 39_793
Parties
Pursuer: General Assembly of the association or body of Christians known as the Free Church of Scotland acting through its Commission of Assembly duly appointed, and the Reverend Colin A. Bannatyne, Culter, as Moderator, and others; Defender: General trustees surviving accepting and acting under certain Acts of General Assembly of the Free Church of Scotland; general trustees of the Free Church of Scotland alleged to have been appointed by the General Assembly of the Free Church of Scotland on 30th October 1900 for holding the whole property of the Free Church of Scotland from and after the 31st day of October 1900, being also general trustees of the association or body of Christians calling themselves the United Free Church of Scotland alleged to have been appointed by Act of a General Assembly of said Church of 31st October 1900; Moderator, clerk, depute-clerk, and others, members of the General Assembly of the said association or body of Christians calling themselves the United Free Church of Scotland, assembled at Edinburgh on 31st October 1900, and being the members of the commission of said General Assembly
Jurisdiction
Scotland
Judgment Date
04 July 1902
Procedural Posture
Civil / Appeal (inner House, Court of Session)
Outcome
Action dismissed; defenders assoilzied (absolved)
Legal Topics
Church Property, Doctrine and Constitution of Religious Bodies, Powers of Church Assemblies, Trusts for Religious Purposes, Union of Religious Bodies
Ecclesiastical Law Trusts and Property Law Scots Law Church Property Doctrine and Constitution of Religious Bodies Powers of Church Assemblies Trusts for Religious Purposes Union of Religious Bodies

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Parties

General Assembly of the association or body of Christians known as the Free Church of Scotland acting through its Commission of Assembly duly appointed, and the Reverend Colin A. Bannatyne, Culter, as Moderator, and others

Pursuer

General trustees surviving accepting and acting under certain Acts of General Assembly of the Free Church of Scotland; general trustees of the Free Church of Scotland alleged to have been appointed by the General Assembly of the Free Church of Scotland on 30th October 1900 for holding the whole property of the Free Church of Scotland from and after the 31st day of October 1900, being also general trustees of the association or body of Christians calling themselves the United Free Church of Scotland alleged to have been appointed by Act of a General Assembly of said Church of 31st October 1900; Moderator, clerk, depute-clerk, and others, members of the General Assembly of the said association or body of Christians calling themselves the United Free Church of Scotland, assembled at Edinburgh on 31st October 1900, and being the members of the commission of said General Assembly

Defender

Procedural Posture

Civil / Appeal (inner House, Court of Session)

Legal Issues

  1. 1 Whether the majority of the Free Church of Scotland forfeited rights to church property by entering into union with the United Presbyterian Church and abandoning the establishment principle
  2. 2 Whether the establishment principle was a fundamental and unalterable doctrine of the Free Church
  3. 3 Whether the General Assembly of the Free Church had power to alter or abandon fundamental principles under the Barrier Act

Ratio Decidendi

The establishment principle, though important in the Free Church's early history, was not treated as a fundamental and essential doctrine that could not be altered. The Free Church, through its General Assembly and in accordance with the Barrier Act, had power to abandon the establishment principle. The majority, having followed proper procedure, did not forfeit rights to the property by entering into union with the United Presbyterian Church. The minority is not entitled to claim the property on the basis of adherence to the establishment principle.

Court Disposition

Action dismissed; defenders assoilzied (absolved)

Orders

  • Action dismissed
  • Pursuers found liable in expenses