The Assembly of the Church of Scotland, in the act by which they adopted the Confession, make a special reference to this section, and expressly declare that they understood it “only of kirks not settled or constituted in point of government;” and while they admit that “in such kirks a synod of ministers, and other fit persons, may be called by the magistrates’ authority and nomination, without any other call, to consult and advise with about matters of religion,” they assert that this “ought not to be done in kirks constituted and settled,” and that it is always free to the ministers and ruling elders “to assemble together synodically, as well pro re nata as at the ordinary times, upon delegation from the Churches, by the intrinsical power received from Christ, as often as it is necessary for the good of the Church so to assemble, in case the magistrate, to the detriment of the Church, withhold or deny his consent.” Our Reformers, it is well known, were ever jealous of the least encroachment upon the independence of the Church. Her intrinsic power to convene her own Assemblies occupied a prominent place in all their contendings with the Crown. Their maxim was: “Take from us the freedom of Assemblies, and take from us the Evangel.” At the period of the first Reformation this power was both claimed and exercised. The Church held her first Assembly, in 1560, solely in virtue of her own proper authority, under Christ her head; and for at least twenty years— during which time there were no fewer than thirty-nine or forty Assemblies— the sovereign was not present, either in person or by a representative, as afterwards became the custom. At the era of the second Reformation, the intrinsic power of the Church was nobly vindicated by the famous Assembly held in Glasgow in 50 638. Although the king’s commissioner dissolved the Assembly in his master’s name, and discharged their further proceedings, under the highest penalties, yet the Assembly, claiming an intrinsical power from the Lord Jesus Christ, continued their sessions and proceeded with the important business for which they had met. It must be acknowledged, however, that in the Act of 1592— which has been considered as the Magna Charta of the Established Church, and which the Act of 1690 revived and confirmed— the right of the Church to appoint her own Assemblies was not sufficiently secured. This right is conceded only when neither the king nor his commissioner is present. Accordingly, immediately after the Revolution, the Assemblies of the Church were often abruptly dissolved, and repeatedly adjourned, by the royal authority.
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“This point (the power of freely meeting and dissolving by the Church’s own authority), that so often was contested between the Crown and the Presbyterian courts in Scotland, is of far greater importance to ecclesiastical independence and liberty than at first it may appear to be. Without this being retained and secured, a little reflection may show that the exercise of any other powers they may claim, may be rendered, by the will of a superior, not only precarious, but altogether nugatory and void. It is well known that this arbitrary exercise of prerogative, in calling and dissolving Parliaments, had rendered them powerless, and they were in danger by it of being utterly abolished; nor did the nation reckon their civil liberties at all secure, till annual or regular meetings of Parliament were secured by law. The danger would be equal and the effect similar, if ecclesiastical assemblies were made, in this respect, wholly dependent on the Crown; of which the history of the English Convocation affords a striking evidence.”
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