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The 1842 Claim of Right
At its customary annual meeting in
Edinburgh, the 1842 General Assembly, the Church of Scotland's supreme
governing body, issued a solemn protest about the interference of the
Scottish civil courts (the Court of Session) which had upheld the right of
private patrons. It ranks as one of spiritual independence.
...the General Assembly, while
recognizing the absolute jurisdiction of the Civil Courts in relation to all
the temporalities conferred by the State upon the Church, claim as a right
freely to possess and enjoy the liberties and rights and privileges bestowed
on the Church according to law; declare that they cannot in conscience
intrude ministers on reclaiming [objecting] congregations or carry on the
government of Christ's Church subject to the coercion attempted by the Court
of Session; protest against sentences of the Civil Court in contravention of
the Church's liberties, which rather than abandon they will relinquish the
privileges of establishment, and call on all Christian people everywhere to
note that it is for loyalty to Christ's Kingdom and Crown that the Church of
Scotland is obliged to suffer hardship.
The British government rejected the Claim
of Right and the resolutions about patronage which accompanied it, and so in
the following year, a dramatic walk-out at the meeting of the General
Assembly, led by the previous year's Moderator (Chairman), heralded the
formation of the Free Church. The Scottish judge Lord Cockburn recalled the
scene:
As soon as Welsh, who wore his Moderator's dress,
appeared in the street, and people saw that principle had really triumphed
over interest, he and his followers were received with the loudest
acclamations. They walked in procession to Hanover Street to Canon mills ...
through an unbroken mass of cheering people and beneath innumerable
handkerchiefs waving from the windows. But amidst this exultation there was
much sadness and many a tear, many a grave face and fearful thought, for
no-one could doubt that these ministers left the Church, and no thinking man
could look on the unexampled scene and behold that the temple was rent,
without pain and sad forebodings.
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