[1] “It is her being free, not her being established, that constitutes the real historical and hereditary identity of the Reformed National Church of Scotland.” See Act and Declaration, &c., of Free Assembly, 1851.
[2] In the act Anent the true and holy Kirk, and of those that are declared not to be of the same. This act was supplemented by that of 1579, Anent the Jurisdiction of the Kirk.
[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.
[8] The narrative and argument of this elaborate and able document cannot be reproduced here. In substance it is a claim “as of right” on behalf of the church and of the nation and people of Scotland that the church shall freely possess and enjoy her liberties, government, discipline, rights and privileges according to law, and that she shall be protected therein from the foresaid unconstitutional and illegal encroachments of the said court of session, and her people secured in their Christian and constitutional rights and liberties. This claim is followed by the “declaration” that the Assembly cannot intrude ministers on reclaiming congregations, or carry on the government of Christ’s church subject to the coercion of the court of session; and by the “protest” that all acts of the parliament of Great Britain passed without the consent of the Scottish church and nation, in alteration or derogation of the government, discipline, rights and privileges of the church, as also all sentences of courts in contravention of said government, discipline, rights and privileges, “are and shall be in themselves void and null, and of no legal force or effect.”
[9] The Scottish members voted with the minority in the proportion of 25 to 12.
[10] The number ultimately rose to 474.