In that same year of 1834, not many months after the passing of the
Assembly's Act, came on the first case of collision; and some time
subsequently a second. These two cases, Auchterarder and Marnoch,
commenced in the very same steps, but immediately afterwards diverged as
widely as was possible. In both cases, the rights of the patron and of the
presentee were challenged peremptorily; that is to say, in both cases,
parishioners objected to the presentee without reason shown. The conduct
of the people was the same in one case as in the other; that of the two
presbyteries travelled upon lines diametrically opposite. The first case
was that of _Auchterarder_. The parish and the presbytery concerned, both
belonged to Auchterarder; and there the presbytery obeyed the new law of
the Assembly: they rejected the presentee, refusing to take him on trial
of his qualifications; And why? we cannot too often repeat--simply because
a majority of a rustic congregation had rejected him, without attempting
to show reason for his rejection. The Auchterarder presbytery, for _their_
part in the affair, were prosecuted in the Court of Session by the injured
parties--Lord Kinnoul, the patron, and Mr Young, the presentee. Twice,
upon a different form of action, the Court of Session gave judgment
against the presbytery; twice the case went up by appeal to the Lords;
twice the Lords affirmed the judgment of the court below. In the other
case of _Marnoch_, the presbytery of Strathbogie took precisely the
opposite course. So far from abetting the unjust congregation of rustics,
they rebelled against the new law of the Assembly, and declared, by seven
of their number against three, that they were ready to proceed with the
trial of the presentee, and to induct him (if found qualified) into the
benefice. Upon this, the General Assembly suspended the seven members of
presbytery. By that mode of proceeding, the Assembly fancied that they
should be able to elude the intentions of the presbytery: it being
supposed that, whilst suspended, the presbytery had no power to ordain;
and that, without ordination, there was no possibility of giving induction.
But here the Assembly had miscalculated. Suspension would indeed have had
the effects ascribed to it; but in the mean time, the suspension, as being
originally illegal, was found to be void: and the presentee, on that
ground, obtained a decree from the Court of Session, ordaining the
presbytery of Strathbogie to proceed with the settlement. Three of the ten
members composing this presbytery, resisted; and they were found liable in
expenses. The other seven completed the settlement in the usual form. Here
was plain rebellion; and rebellion triumphant. If this were allowed, all
was gone. What should the Assembly do for the vindication of their
authority? Upon deliberation, they deposed the contumacious presbytery
from their functions as clergymen, and declared their churches vacant. But
Public-domain text, read in full here on John Shaqi.
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