What was their policy on the question of intrusion? In some way it
should prevent the patron from thrusting in a minister against the
will of the congregation. The General Assembly of 1834, the first
in which the Evangelicals outnumbered the Moderates, conferred
upon the majority of heads of families (being communicants) the
right of vetoing, without assigning reasons, the settlement of a
presentee. Now it is conceivable that one might be eager for reform,
and yet disapprove of the Veto Law. To be sure it was fitted to stop
intrusion, but, as the records of its operation show, it would have
led to another evil, the vetoing of presentees on trivial and absurd
pretexts, rejection for rejection’s sake. Popular election entails
complete responsibility, but when men have to take their ministers
from a patron, and yet can refuse one presentee after another without
saying why, they will be apt to use their licence to make up for their
slavery. This were hardly worth remarking but for the assumption,
conveyed in many an oration, that the policy was as admirable as the
principle which it embodied. Let the non-intrusionists have all the
praise of meeting, in some sort, the just claim of the people.
The General Assembly, however, had gone beyond its powers. Both the
House of Lords and the Court of Session pronounced the Veto Law to be
_ultra vires_, the judges holding that the presbytery was bound to
take on trials any presentee to whom there was no objection on the
ground of morals, scholarship, or doctrine. Notwithstanding this,
the General Assembly stuck to the veto. So there would be rejected
presentees demanding, in accordance with the law, to be taken on
trials, and presbyteries at their wits’ end, pulled one way by the
General Assembly, and another way by the civil Court. The General
Assembly ordered the presbytery of Strathbogie not to take on trials
a certain presentee who had been vetoed. The presbytery obeyed. But
the Court of Session declared the order of the General Assembly to be
illegal. Thereupon the presbytery, by a majority of seven, admitted
the presentee. For that the seven were deposed. And now came the event
which was the cause of the Disruption. The minority in the General
Assembly, failing to see how it could be rebellion to obey the law of
the land, treated the deposition of these men as null and void. The
question then was, which of the two sides was the Church of Scotland?
Parliament, all the time, was trying to reconcile parties by changes in
the law, but as it always insisted on making the presbytery the final
judge of the fitness of presentees, the non-intrusionists would not
hear of legislation.
Public-domain text, read in full here on John Shaqi.
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