[3] The Second Book of Discipline was not formally recognized in that
act; but all former acts against "the jurisdiction and discipline of
the true Kirk as the same is used and exercised within the realm"
were abolished; and all "liberties, privileges, immunities and
freedoms whatsoever" previously granted were ratified and approved.
[4] The most important of these had reference to the full right of a
constituted church to the enjoyment of an absolutely unrestricted
freedom in convening Assemblies. This very point on one occasion at
least threatened to be the cause of serious misunderstandings between
William and the people of Scotland. The difficulties were happily
smoothed, however, by the wisdom and tact of William Carstares.
[5] See _Act and Declaration_ of Free Assembly, 1851.
[6] This principle had been asserted even by an Assembly so late as
that of 1736, and had been invariably presupposed in the "call,"
which had never ceased to be regarded as an indispensable
prerequisite for the settlement of a minister.
[7] According to the Free Church "Protest" of 1843 it was in these
cases decided (1) that the courts of the church were liable to be
compelled to intrude ministers on reclaiming congregations; (2) that
the civil courts had power to interfere with and interdict the
preaching of the gospel and administration of ordinances as
authorized and enjoined by the church; (3) that the civil courts had
power to suspend spiritual censures pronounced by the courts of the
church, and to interdict their execution as to spiritual effects,
functions and privileges; (4) that deposed ministers, and
probationers deprived of their licence, could be restored by the
mandate of the civil courts to the spiritual office and status of
which the church courts had deprived them; (5) that the right of
membership in ecclesiastical courts could be determined by the civil
courts; (6) that the civil courts had power to supersede the majority
of a church court of the Establishment in regard to the exercise of
its spiritual functions as a church court, and to authorize the
minority to exercise the said functions in opposition to the court
itself and to the superior judicatories of the church; (7) that
processes of ecclesiastical discipline could be arrested by the civil
courts; and (8) that without the sanction of the civil courts no
increased provision could be made for the spiritual care of a parish,
although such provision left all civil rights and patrimonial
interests untouched.
Public-domain text, read in full here on John Shaqi.
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