Theological Essays and Other Papers — Volume 2De Quincey, Thomas
History
Theological Essays and Other Papers — Volume 2
De Quincey, Thomas
English essays -- 19th century
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 this
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.
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