civil courts in regard to the civil rights and emoluments secured by law
to the church and the ministers thereof" was acknowledged without
qualification; and continued implicit obedience to their decisions with
reference to these rights and emoluments was pledged. At the same time
it was insisted on "that, as is declared in the Confession of Faith of
this National Established Church, 'the Lord Jesus Christ, as King and
Head of the church, hath therein appointed a government in the hand of
church officers distinct from the civil magistrate'; and that in all
matters touching the doctrine, discipline and government of the church
her judicatories possess an exclusive jurisdiction, founded on the Word
of God, which power ecclesiastical" (in the words of the Second Book of
Discipline) "flows immediately from God and the Mediator the Lord Jesus
Christ, and is spiritual, not having a temporal head on earth, but only
Christ, the only spiritual King and Governor of His Kirk." And it was
resolved to assert, and at all hazards defend, this spiritual
jurisdiction, and firmly to enforce obedience to the same upon the
office-bearers and members of the church. The decision of the court of
session having been confirmed by the House of Lords early in 1839, it
was decided in the Assembly of that year that the church, while
acquiescing in the loss of the temporalities at Auchterarder, should
reaffirm the principle of non-intrusion as an integral part of the
constitution of the Reformed Church of Scotland, and that a committee
should be appointed to confer with the government with a view to the
prevention, if possible, of any further collision between the civil and
ecclesiastical authorities. While the conference with the government had
no better result than an unsuccessful attempt at compromise by means of
Lord Aberdeen's Bill, which embodied the principle of a dissent with
reasons, still graver complications were arising out of the Marnoch and
other cases.[7] In the circumstances it was resolved by the Assembly of
1842 to transmit to the queen, by the hands of the lord high
commissioner, a "claim, declaration, and protest," complaining of the
encroachments of the court of session,[8] and also an address praying
for the abolition of patronage. The home secretary's answer (received in
January 1843) gave no hope of redress. Meanwhile the position of the
evangelical party had been further hampered by the decision of the
court of session declaring the ministers of chapels of ease to be
unqualified to sit in any church court. A final appeal to parliament by
petition was made in March 1843, when, by a majority of 135 (211 against
76), the House of Commons declined to attempt any redress of the
grievances of the Scottish Church.[9] At the first session of the
following General Assembly (18th May 1843) the reply of the
non-intrusion party was made in a protest, signed by upwards of 200
commissioners, to the effect that since, in their opinion, the recent
Public-domain text, read in full here on John Shaqi.
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