Legal Definitions - jus devolutum

Jus devolutum is a legal principle originating in Scots law. It describes a situation where a right or power to appoint someone to a position automatically transfers from one party to another if the first party fails to exercise that right within a specified timeframe or according to certain conditions.

Historically, this principle was most prominently applied in the context of the Church of Scotland. If a patron (an individual or body holding the right to nominate a minister for a vacant church) did not present a suitable candidate within six months of the vacancy occurring, the right to make that appointment would then devolve, or transfer, to the local presbytery (a regional church governing body).

Here are some examples illustrating how jus devolutum would apply:

• Example 1: Failure to Nominate a Candidate

  Imagine a Scottish parish in the early 19th century where the local laird (landowner) held the traditional right to nominate the minister. When the incumbent minister passed away, the parish became vacant. The laird, perhaps due to prolonged absence or indifference, failed to propose any candidate for the ministry within the statutory six-month period. In this situation, the jus devolutum would automatically transfer the right to appoint a minister from the laird to the local presbytery. The presbytery would then be empowered to select and install a new minister for the parish.

  This illustrates the principle where the right to appoint devolves from the patron (the laird) to the presbytery because the patron failed to exercise their right within the legally defined timeframe.

• Example 2: Nomination of an Unsuitable Candidate

  Consider another scenario in 18th-century Scotland where a patron nominated a candidate for a vacant church. However, upon examination by the presbytery, the nominated individual was found to lack the necessary theological qualifications or moral character deemed essential for a minister. The presbytery rejected the candidate. If the patron then failed to present an alternative, suitable candidate within the remaining portion of the six-month vacancy period (or if the six months had already elapsed since the vacancy arose), the jus devolutum would be triggered. The right to appoint would then transfer to the presbytery, allowing them to proceed with selecting a qualified and appropriate minister for the parish.

  This demonstrates the jus devolutum applying when a patron fails not just to nominate, but to nominate a fit minister, and subsequently fails to rectify the situation within the prescribed timeframe, leading to the transfer of the appointment right to the presbytery.