Church Law

Recently, whilst perusing the shelves of a second-hand bookshop, I got quite excited about finding a copy of ,"A digest of laws and decisions, ecclesiastical and civil : relating to the constitution, practice, and affairs of the Church of Scotland" by William Mair.  I suspect this is what happens when you become a Presbytery Clerk.  Or, perhaps, it is only those of us who would get excited about these things who would ever contemplate becoming a Presbytery Clerk.

Church Law has come a long way which William Mair was publishing his digest.  But the principle of things being done decently and in order (to quote Paul) has not changed.  We work within a governance system which has checks and balances built into it, and one which is continually being refreshed and updated. 

The Church Courts Act, which is now three years old, is accessible in its language and helpful in the way it describes the life of a Kirk Session, a Presbytery and the General Assembly.  It also sets out the relationship between the different courts of the Church.  For example, the Presbytery is answerable to the General Assembly and has a responsibility around the support and oversight of Kirk Sessions.  This means that where Presbytery becomes aware of difficulties in a congregation or a Kirk Session, the Presbytery is tasked with taking appropriate action.  

This brings me to the inspection of records, which is an annual activity that brings the Kirk Session and Presbytery into contact with one another.  Every congregation is required to submit records for attestation, including but limited to Property Registers, Manse Condition Schedules, Annual Report and Accounts.  And every congregation has been contacted with regards to getting this done by the end of May 2026.  (If you've not asked for your link yet to submit the records electronically, please do get in touch with our Congregational Support Officer or the Presbytery Office.  Only 15 congregations have made contact so far).

Checking the records might seem an unnecessary bureaucratic activity but it does help us get a sense of how congregations are doing and whether support might be of help.

We heard from the Property and Finance Convener at the last Presbytery meeting that we don't have a good record as a Presbytery when it comes to attesting the accounts and property paperwork for congregations.  It would be great if we could improve upon that.  Where congregations do share that information, it is always possible to identify issues that can be addressed through the support of Presbytery and hence avoid things becoming more challenging.

If you are a Presbytery Elder or a Parish Minister why not check to see if the information you are meant to have submitted has been sent in.

If you are having problems with getting access to the records, which does sometimes happen, or you're not sure where to submit the information, please do not hesitate to be in touch.

Rev Stella