I MUST now advert to
the state of opinion in the Church of Scotland during the years
1820-21. Perhaps at no former period of its history did the two
opposing church-parties pit themselves with greater energy or more
uncompromising hostility against each other. These were the
"Moderates" and the "Evangelicals." The contest between them
appeared to be equally well-sustained, particularly on the
battlefield of the General Assembly, where each side was led on by
men of influence and ability. Dr. John Inglis of Edinburgh was at
the head of the Moderate party. His known principles led him to
adopt a carnal, worldly policy, and his mind, stern and unbending,
was altogether free from what he regarded as the mere trammels of
pietism or fanatical precision. Every minister of a parish who
looked to stipend, manse and glebe more than he looked to Christ,
ranged himself at once under the guidance of Dr. Inglis. He was the
pole-star of ministerial duty! he was the oracle of the Church of
Scotland! But Dr. Inglis thought for himself, and was quite capable
of so doing; in all matters of policy or duty lie acted sturdily,
and with home-spun honesty and straightforwardness, up to his light.
He took up his own position with dogged determination. If others
followed him good and well, if not, he was somewhat displeased,
perhaps not a little rude, may be even ferocious, but still lie let
them have their way, he could not help them, and would not undertake
to furnish them with the understanding which God had evidently ,
denied them. Such was Dr. Inglis, the helmsman of the Moderate party
of that day. [Dr. John Inglis was minister of OId Greyfriars',
Edinburgh; he died 2nd Jan., 1834, in the 72nd year of his age and
48th of his ministry. In 1824 he was appointed convener of the
General Assembly's first committee for sending the gospel to India,
the ditties of which he very ably discharged The Rt. Hon. John
Inglis (Lord Glencorse), the present distinguished Lord
Justice-General and President of the Court of Session, is his
son.—Ed.]
In his wake followed
Dr. Nicol, Principal of the United Colleges of St. Andrews, and the
wealthy proprietor of a goodly estate in Morayshire. His intellect,
nevertheless, was but third-rate, and in any undertaking he was at
his wits' end if some one of more acuteness and resolution than
himself, did not go before him to break the ice, and mark out a path
or track for him which he could distinctly see and manfully follow.
He was always watchful, therefore, to avail himself of such golden
opportunities. He was annually elected a member of the Assembly, and
his great ambition was to be one of its leaders. His social position
and literary qualifications contributed not a little to gratify the
wish of his heart, all the more that he had a rare capacity for
"wording" himself into a subject when he took it in hand, and out of
a scrape when he happened to get into one.
Side by side with Dr. Inglis as a leader, although of course in a
subordinate capacity, seeing be was a much younger man, was Dr.
Duncan Mearns, Professor of Theology in King's College. As a ruler
of the church, Dr. Mearns exceeded all his compeers in the
characteristic of consistency. His course in all the outgoings and
incomings of church policy was even, undeviating and pertinacious,
and the older men, in prospect of soon passing from the stage,
looked upon him as one of the main props of their party for the
coming years.
But perhaps the most
active and efficient, and I fear I must add unscrupulous, of the
Junta of Moderate rulers was the well-known Dr. George Cook, then
minister of I,aurencekirk, but afterwards Professor of Moral
Philosophy in the University of St. Andrews. He was nephew of the
celebrated Principal Hill, a leader who more than filled any place
which he attained in the ecclesiastical courts. Dr. Cook strove to
reach the same public eminence and notoriety. He failed, however, to
do so, in spite of the sacrifices which he made of the principles
cherished by his party in order to further his ambitious projects.
[Dr. George Cook was the son of Prof. John Cook of St. Andrews. He
was unanimously elected ,Moderator of the Assembly of 1829, for
which position he had been an unsuccessful candidate in 1821 and
again in 1822. He resigned his charge on being appointed Professor
of Moral Philosophy at St. Andrews, and died 13th Slay, 1845, in the
73rd year of his age and 50th of his ministry.—Ed.]
In connection with
these personages there was also a sort of nondescript named James
Bryce, whom I scarcely know how to describe. Of his father I had
heard much when in Aberdeen, and towards the close of my residence
there I was in. some measure acquainted with him. He was minister of
a Relief Chapel in Belmont Street, the hack part of which looked
into Gaelic Lane, right opposite the Gaelic Chapel. Mr. Bryce was
admitted, with his whole congregation at their request, into the
pale of the Established Church of Scotland on the Chapel of Ease
footing. His son James had, some years before, joined the
Establishment, and was first presented to the parish of Strachan,
Presbytery of Kincardine o' Neil, but afterwards went to India as
minister of the Scotch Church, Calcutta, while at the same time he
was connected by membership with the Edinburgh Presbytery. This man
was shallow, flippant, and loquacious, and full of bitter bate
against all who exhibited the spirit of Christ. He became the
scavenger of the party; if any dirty work was to be done, which if
proposed to any of their leading men would be received with a. frown
and regarded as an insult, Dr. Bryce of Calcutta was ready at a wink
to come from the uttermost parts of the earth to do it. [By Act of
Assembly (1814) it was decided that the three churches endowed in
India were acknowledged as branches of the Church of Scotland, and
allowed to send one minister and one elder to the General
Assemblies." Dr. Bryce had been appointed to the church in Calcutta
in 1814; he died 11th March, 1866, in the 56th year of his
ministry.—Ed.]
Another worthy on the
same side was Dr. Macfarlane of Drymen, afterwards Principal of
Glasgow College and one of the ministers of that city. His abilities
and attainments were of the same use to his party as ballast is to
an empty ship at sea, chiefly valuable for its inertness and dead
weight, and at the same time giving the vessel a tendency to sink
rather than to swim.
But I must now glance at the leaders of the opposite party. And,
first, I will mention Sir Henry Moncreiff \Vellwood, senior minister
of St. Cuthbert's, Edinburgh. My earliest conceptions of the high
responsibility of the Christian ministry stood connected with this
able man. As a leader of the Evangelical section of the church, Sir
Henry did more for the interests of truth by his great moral weight
as a minister of Christ, and his unswerving adherence to the vital
doctrines of the gospel and to the great fundamental principles of
the constitution of our Church, than by any of his polemical
discussions on the platform of the Church court.
To Dr. Andrew Thomson
of St. George's I have already referred. As a preacher lie was
clear, consecutive, and scriptural. His great mind at once
understood the beauty and harmony of the whole system of gospel
truth as held by the fathers of the Church, and so explicitly laid
down in its standards. He was a born controversialist; in this
direction the vigour and power of his mind scarcely knew any limit.
It was remarked by Lord Brougham, who had been his school-fellow,
that there was not a man living whom he feared to meet in debate but
one, and he was Andrew Thomson. Dr. Thomson's speeches in the
(general Assembly not only shook the listeners, but penetrated with
a thrilling influence into the heart of every member of the whole
Church. His ministry was eminently distinguished for its
faithfulness. To his hearers' progress in knowledge and soundness in
the truth; to the spiritual and secular instruction of the youth of
his flock, and to the consolation and right exercise of the sick and
the dying, Andrew Thomson devoted his days and his nights. The
schools which lie established in his own congregation, the
school-books which he compiled for their use, and the method of
teaching which he brought into practice, might with truth lie said
to stand at the head of all educational efforts and institutions of
the day in which lie lived. He was the editor of a periodical work,
entitled the Christian Instructor," in which he "defended the rights
and privileges of the Scottish Church against all invasion." [Dr.
Andrew Thomson, the most illustrious divine of his time, died from
an affection of the heart instantaneously, within a few feet of his
own door, when returning from a meeting of Presbytery at which he
had been actively engaged. His death occurred 9th Feb., 1831, in the
53rd year of his age and 29th of his ministry. His zeal, energy, and
eloquence were without parallel in his day. He was translated from
New Greyfriars to St. George's, Edinburgh, 16th June, 1811. He
devoted himself to the circulation of the Bible in its purity, and
to the abolition of slavery in the British colonies. "The Christian
Instructor," which lie edited, numbers 50 volumes. About 200,000
copies of his "Catechism on the Lord's Supper" were printed and
sold. He also published several theological works and essays, and
contributed to the "Edinburgh Encyclopedia."—ED.]
Till I came to
Aberdeen I had heard little or nothing about these parties and their
leaders. My fattier, in all his life, only attended one Assembly. My
first Assembly was that of 1824, and from that time forth I began to
take an interest in ecclesiastical proceedings.
On the 18th of May, 1820, the General Assembly met at Edinburgh in
the New Church aisle. Dr. Macfarlane of Drymen was succeeded, as
Moderator, by Dr. MacKnight, son of Dr. MacKnight, the author of a
critical work on the New Testament. The King's Commissioner was the
Earl of Morton, a man of open profanity and loose character, but,
being also poor, the appointment was given him in charity. The most
notable members on the Evangelical side present that year were,
besides Dr., then Mr., Andrew Thomson; Dr. A. Stewart of Dingwall;
Mr. J. Robertson of Kingussie; Mr. Forbes of Tarbat; Dr. MacGill,
professor of Divinity in Glasgow; and Mr. 1)oig of the East Church
in Aberdeen, ministers. The ruling elders on this side were Mr.
James Moncreiff, advocate, eldest son of Sir Henry Moncreiff
Wellwood, Bart., D.D., and afterwards a Lord of Session; and Mr.
George Ross, brother of the late Sir Charles Ross of Rahuagown. On
the Moderate side were Dr. Cook of Laurencekirk; Dr. Lee of St.
Andrews; Dr. Irvine of Little Dunkeld; Principal Nicol; Mr. Mylne of
Dollar; Mr. Donald Mackenzie of Fodderty; Mr. Wightman of Kirkmahoe,
ministers; while among the Moderate elders were the Lord
Justice-Clerk Boyle; the Lord Hermand; Lord Succoth; Mr. John Hope,
Solicitor-General (afterwards Lord Justice-Clerk); Mr. Walter Cook,
\4.S., brother of Dr. Cook; Sir John Sinclair of Ulbster, Bart.; and
Dr. Bryce of Calcutta.
It is unnecessary to
notice particularly the ordinary business which came before this
Assembly. One case, however, brought matters between the Moderate
and Evangelical parties to a decided issue, and as it was in fact
the seed which, then sown, broke through the soil at the Disruption
of 1843. I shall record it with some minuteness.
After the report of
the Committee on Bills was read, Mr. Thomson gave notice of a motion
"for the production of the Order in Council intended to regulate the
form of prayer for the several branches of the Royal Family.' This
very plain and ordinary request fell upon the Assembly, or at least
upon the Moderate section of the House, with all the effect of a
thunderbolt. Speaker after speaker rose tip, one class contending
that they could not conceive the object of the motion, that it was
informal, that it ought to be withdrawn, and so forth. Those on the
side of the mover, on the contrary, maintained that the Order in
Council ought to have been produced independently of any motion to
that effect. It was at last agreed that the motion should be
discussed on Wednesday, the 24th of May, when the report of the
Commission would be presented. But the motion, or what it implied,
or the real causes of the excitement which it produced, cannot be
fully understood unless I refer to some events in the national
history. George III. died on 29th of January, 1820. George, Prince
of Wales, had long previous to his father's death, and in
consequence of his protracted illness, acted as Prince-Regent.
Between him and his consort, the Princess Caroline of Brunswick,
ever since their marriage in 1795, nothing at all approximating to
connubial happiness had ever subsisted, and their indifference to
each other had gradually ripened, particularly on the part of the
Prince, into absolute Ioathing. In 1814 the Prince attempted to
divorce her by setting on foot "the delicate investigation" into
some charges whir)ered against her moral character, but of which she
was fully acquitted. Immediately on the demise of George III., the
Regent was proclaimed King as George the Fourth. In the month of
February following, the Privy Council met at Carlton House, and
there issued "An Order intended to regulate the form of prayer for
the several branches of the Royal Family." The Order proceeded
thus:-
"At the Court at
Carlton House, the 12th February, 1820.—Present the King's most
Excellent Majesty; Archbishop of Canterbury; Lord Chancellor; Lord
Privy Seal; Duke of Wellington; Lord Stewart; Marquis of Winchester;
Earl of Liverpool; Earl of Mulgrave; Viscount Castlereagh; Viscount
Melville; Viscount Sidmouth; Lord Charles Pentinck; Mr. Wellesley
Pole; Mr. Canning; Mr. Chancellor of the Exchequer; Mr. Bathurst;
Mr. Robinson.
"In pursuance of an
Act passed in the 10th year of her late Majesty Queen Anne, and of
another Act passed in the 32nd year of his late Majesty King George
Ill., wherein provision is made for praying for the Royal Family, in
that part of Great Britain called Scotland, it is ordered by his
Majesty in Council that henceforth every minister and preacher
shall, in his respective church, congregation, or Assembly, pray in
express words, For his most sacred Majesty King George, and all the
Royal Family ;' of which all persons concerned are hereby required
to take notice, and govern themselves accordingly.
(Signed) "Jas. BULLER."
Now, two things are
evident in this document; first, the King's persevering hatred of
his unfortunate Queen—even all mention of her is studiously avoided;
next, that prescribing prayers for the Royal Family, "in express
words," to the Church of Scotland was unconstitutional and Erastian.
Yet the Privy Council not only so framed their minute, but
transmitted it to Dr. Macfarlane, Moderator of the General Assembly
in the following terms:—
"COUNCIL OFFICE,
Whitehall, 121h Feb., 1820.
"SIR,—You will
herewith receive an Order of his majesty in Council, directing the
necessary alterations to be made in the prayers for the Royal
Family, so far as relates to Scotland, which you will be pleased to
communicate in such manner that due obedience may be paid thereto. I
have the honour to be, Sir, your most obedient, bumble servant,
(Signed) "JAMES BULLER.
"The Rev. Duncan
Macfarlane,
Moderator of the General Assembly of
"The Church of Scotland."
The Order in Council,
prescribing prayers for the Royal Family to the Church of Scotland,
was the point which Mr. Andrew Thomson took up. To the slur cast
upon the Queen he did not make the most distant allusion. Every
British subject who knew aught about the quarrel was full of it; so
much so indeed that, when Mr Thomson first mooted the Orders in
Council in the Assembly, the officers of State had it that to set
tip a defence for the Queen, and make a direct attack upon the
reigning sovereign was the object which the speaker had in view. Of
these surmises he was fully aware, and therefore on the Wednesday
thereafter, and after the Order was produced, Mr. Thomson, in
submitting his motion, stated "that he believed a great deal had
gone abroad respecting it that was erroneous, and that topics had
been mentioned, as those which he should have occasion to introduce,
which had not the most distant relation to the subject, nor had
indeed ever entered his mind to entertain." His motion clearly
brought out both the principle which he advocated and the object he
had in view. He moved:
"That it be declared
by the General Assembly that no civil authority can constitutionally
prescribe either forms or heads of prayer to the ministers or
preachers of this Church. and that the Orders in Council which have
been issued from time to time respecting prayers for the Royal
Family are inconsistent with the rights and privileges secured by
law to our ecclesiastical Establishment; but that as these Orders
appear to have originated in mistake or inadvertency, and not in any
intention to interfere with our modes of worship, the General
Assembly do not consider it to be necessary to proceed farther in
this matter at present. And the General Assembly embrace this
opportunity of declaring the cordial and steady attachment of the
Church of Scotland to their most gracious Sovereign, and to all the
Royal Family, and of further expressing their unqualified confidence
that, actuated by the game principles of loyalty and religion which
have hitherto guided them, her ministers and preachers will never
cease to offer up. along with their people, their fervent
supplications to Almighty God in behalf of a Family to whom, under
Providence, we are indebted for so many distinguished blessings,
both sacred and civil."
The motion was thus
framed with what we may call a beautiful propriety, but this does
not express its intrinsic value. It, in fact, embodies in few but
most comprehensive terms that great scriptural principle of the
Church of Scotland, her Spiritual Independence, for which, at the
moment I now write, the present Establishment has ceased to contend,
whilst all who adhere to that principle are discarded by the State,
driven from their homes and maintenance, and branded, like their
apostolic predecessors of old, as "the movers of sedition" against
the "law of the land." It was evident that the motion was understood
in the sense thus indicated, for no sooner was it announced than it
stirred up a determined opposition. The Procurator stated that it
was a motion to which they could not agree. Mr. Thomson was,
therefore, under the necessity of entering more particularly into
the merits of the question. He stated that it was an
incontrovertible principle of the Church of Scotland that IT HAD NO
SPIRITUAL HEAD ON EARTH, and that consequently the King in Council
had no right to interfere in its worship. He proceeded to show that
it was a vital privilege of our ecclesiastical constitution,
essential to the safety of the Church, and for which our fathers had
vigorously struggled in the covenanting times, while the order in
Council trenched upon this privilege by prescribing prayers to its
ministers and preachers. He then considered the Acts of Parliament
referred to, on which the Order in Council professed to be founded.
The Act X. of Queen Anne, in which ministers of the Scottish Church
are enjoined to pray in express words for the Royal Family, the
Church did not oppose. But of that Act he would say in general, that
it proceeded on Erastian principles and ought not to have passed.
But at that time there were peculiar circumstances in which it had
been allowed to become law. These were, that then the interests both
of civil and religious liberty were in great jeopardy, from the
schemes of the Pretender abroad, and from the machinations of his
clerical abettors, not only among the non-jurant Episcopalians, but
even among the Presbyterian ministers of the Established Church, who
prayed for the Royal Family without mentioning in express words who
they were, and who thus left their audience to fill in mentally any
name, just as their political bias might direct them. 'I'lie
Assembly, participating in the alarm, did not oppose the passing of
the Act, but at the same time did all in their power to counteract
its consequences to the Church by passing an Act of their own to the
same effect. Besides that, the Act X. of Queen Anne was inapplicable
to this or any other case succeeding the period of her reign, seeing
it required all ministers to pray exclusively for her most sacred
Majesty Queen Anne, and the most Excellent Princess Sophia, "so
that," said Mr. Thomson, "if we were to pray according to that Act,
we should not pray for his Majesty King George, but for these other
royal personages now passed away." He then took up the Act of George
III., so prominently referred to iu the Order of Council, and showed
that it had still less to Rio with the subject in question, inasmuch
as it had respect exclusively to the Episcopal Communion in
Scotland, seeing that it conferred upon them certain immunities on
condition that they should pray for the Royal Family in the form
prescribed by the liturgy of the Church of England. He concluded a
long and able speech by meeting anticipated objections to his
motion, and by most forcibly insisting on its necessity and moral
force.
Mr. Thomson's motion
was seconded by Mr. James W. Moncreiff, advocate, but before he
addressed the Assembly, he was preceded by three speakers of the
opposite side, the Solicitor-General, 1)r. Cook, and Principal Nicol
of St. Andrews. The speech of the Solicitor-General abounded in
unhappy personalities. He began by saying that, though he differed
entirely from the rev. gentleman, he must do him the justice to say
that he had treated a very delicate subject with a degree of temper,
decorum, and propriety which lie could not but commend; but in the
sequel of his speech the learned gentleman entirely failed in just
these qualities, and first misrepresented Mr. Thomson's views and
sentiments, and then made a furious onset on his own interpretation
of them. He must disapprove, he said, of Mr. Thomson's sentiment
that the civil authority had been inattentive to the interests of
the National Church. Where, he would ask, was this inattention to be
found? Was it in the appointment by his Majesty as his
representative in that Assembly of a distinguished nobleman of our
own nation, whose character and conduct adorned his lofty station?
Was it in the gracious extension of the amount of the donation
granted to the Church to advance its own form of worship at home, or
in the Royal Aid to propagate abroad, particularly in India, its own
principles and doctrines? It was impossible, he continued, in
viewing all these circumstances, to justify the observation of the
rev. gentleman. Then, to damage Mr. Thomson's case, he ran out into
personalities. "The rev. gentleman," he said, was by his own showing
the only person, for a century back, who thought it necessary to
become the Church's champion by bringing forward the present
complaint, and he could not help thinking that in this he assumed a
lofty presumption." The rest of his speech was devoted to showing
the special and invincible objections which he did most seriously
entertain to Mr. Thomson's motion. These were, first, that the
motion was one which "could not be received," and as this looked
very like arguing in a circle, he proceeded to say that, if he had
but time, he could easily show that it was a motion which affected,
in a declaratory form, the very constitution of the Church, and he
added, "that any man must have been but for a short time a member of
Assembly, or have employed his time to very little advantage, who
was not able to take precisely the same view." Dr. Cook then
addressed the house, and the substance of what be said may be
briefly summed up in three things. First, that he coincided with the
general proposition laid down in the motion, that no civil authority
could constitutionally proscribe forms or heads of prayer to our
Church, and that this principle, so strenuously entertained by Mr.
Thomson, he would also maintain. But, next, he qualified all these
sentiments by saying that, in the present instance, he did not see
that this great and important principle was infringed. And, lastly,
lie therefore agreed with the right honourable gentleman that the
motion ought to be submitted to a committee, according to the
uniform practice of the Church.
Principal Nicol began
by proclaiming aloud his strong attachment to the Church of
Scotland. To no living man would he yield on this point, but then he
had a fear upon him that the present discussion, going forth to the
public, would appear to them to be something very like a split
between Church and State, and this, it appeared to him, would be the
greatest of all evils. Besides, "this was not the time for any such
misunderstandings, when both throne and altar are alike threatened
by misguided men." As to Queen Anne's Act, "he did not know what it
was that had excited the rev, gentleman's alarm, as he had already
confessed that what lie now complained of was practised in the days
of Queen Anne." The poor Principal was galloping on, full tilt, on
this broomstick sort of argument, when he was at once brought up by
an emphatic "No, no," from Mr. Thomson. Dr. Nicol tumbled down at
once, and quickly dropping the reins, said, "I mean that the Church
in Queen Anne's days was quite as pure as it is at present," and so
forth. Be concluded by moving that the house do now adjourn; but not
with the view of evading the discussion, for there would still be
room for that on the question of adjournment. This was fairly
beating a retreat, giving both his opponent and the discussion what
is usually called leg-bail. But the Solicitor-General came to the
rescue of the floundering Principal. He moved, as an amendment to
the last motion that the question be dismissed, that it may be
hereafter referred to a committee on overtures, upon which the
Principal recovered from his panic, obediently got up, and said, "I
withdraw my motion."
Mr. Thomsons motion
was seconded and supported by Mr. Moncreiff, who, in an able speech,
stated with great clearness and force his reasons for giving the
motion his support—following the mover consecutively on every point,
and thereby giving additional weight to his statement of the case.
This motion of Mr.
Thomson called up many speakers on both sides; but as the whole
force of his reply at the close of the debate fell on the defence of
the Orders in Council set up by the Justice-Clerk, I shall only
notice his leading arguments. This vigorous adherent of the
.Moderate party, Lord Justice-Clerk Boyle, was one of the presiding
judges of the Court of Session, and a member of the Privy Council,
so that his political influence was very considerable in Scotland
both in Church and State. With his learned friend the
Solicitor-General, his Lordship agreed as to the propriety with
which the motion was introduced. As, however, he considered the
subject of great importance, he could not agree with those who were
inclined to dismiss it on a point of form. He boldly and openly
deprecated the idea that the Assembly wished to evade the motion,
but then, lie would not say whether the proposition before the house
was declaratory or not. He would, however, call upon every member
present to say how its conclusions were arrived at. Mr. Thomson's
motion, he continued, carried on the face of it a most unfair mode
of procedure by, first, denying the power of the civil authority to
prescribe prayers, then, alleging an encroachment on the rights of
the Church in this respect, while lastly, professing loyalty. This
was but a trap and a snare for their feet, but he would throw such a
flood of light on the authority and the substance of this questioned
Order, that the way would be made plain before their feet. As to the
Privy Council's authority, his Lordship could not see why the Order
should not be referred to the two Acts to which they allude. He had
carefully looked into the X. of Queen Anne, and could not find that
it was repealed, and it mentioned particularly the members of the
Royal Family that were to be prayed for. He deprecated also the
unfair construction put upon the term "Sacred Majesty" in the Order,
which an honourable gentleman seemed to think was meant to intimate
that the sovereign was Head of the Church. He would affirm that it
meant no such thing. It was borrowed from the Act of Queen Anne, and
was the language of addresses from church courts at all times. But
who could suspect either King or Government of any wish or intent to
encroach upon the rights of the Church of Scotland. 1)id, or could,
this Assembly forget the gracious manner in which their deputation
was lately received by the King—how they were admitted to a closet
audience of His Majesty, when he expressed his resolution to support
the constitution of the Church of Scotland. And were they, in the
face of such things, to declare, by assenting to this motion, that
almost the first Act of His Majesty's reign was an encroachment on
the privileges of the Church. The learned Lord then threw himself
into the substance of the Orders in Council. He would undertake to
put it in the very light of a meridian sunbeam, and that, too, by an
illustration the simplest and most obvious. The Order did not
prescribe a form of prayer; it was absurd to suppose so. It merely
prescribed the individuals that were to be prayed for. This he could
prove by a most clear and convincing illustration. It often happens,
when a clergyman is requested to remember in his prayers a sick
person, that a paper is handed up to him mentioning the name and
case of the individual; but is the minister on that account to pray
for the individual by using the very terms written on the paper? Is
it expected that he will adhere to the express phraseology of the
paper any more than that he will think of praying for an individual
of the family who is not named at all? Certainly not. He may use any
terms he pleases, and so in the case of this order. In conclusion he
said that, since it had been the fashion in the course of the
debate, to make professions, he would also state that he yielded to
no reverend or learned gentleman in attachment to the rights and
privileges of the Church, for this most potent reason that he was
lineally descended from a character who had occupied a conspicuous
post in those struggles in defence of the Church which had been
vaunted with so much pride by gentlemen on the other side of the
House. He possessed therefore a sort of hereditary attachment to a
cause which had been sigualised by so much glory and by so much
sacrifice. He therefore moved that, "whereas the independence of the
Church of Scotland in all matters of faith, worship, and discipline
is fully established by law, the General Assembly finds it
unnecessary and inexpedient to adopt any declaration with regard to
the late, or any former, Order in Council relative to prayers for
His Majesty and the Royal Family."
The Justice-Clerk's
pointed allusions to Mr. Moncreiff's speech called up that gentleman
to offer an explanation. He expressed his distinct disavowal of the
statement imputed to him by the learned judge, that it was the
intention of His Majesty's Government, in framing the Order in
question, to violate the rights of the Church of Scotland. He
confessed himself much mortified that he should have been so
unfortunate in expressing his opinion as to leave such an impression
on the mind of any member of the Assembly, more especially of the
Lord Justice-Clerk. He thought he had repeatedly stated that the
Order had originated in mistake, and not in any injurious design. He
did indeed use an argument drawn from the words "Sacred Majesty," in
the terms of prayer prescribed, as indicating that the Order
referred to the Church of which the King was supposed to be head.
Therefore that the words were intended as a precise form of prayer,
but lie added that there was surely a great difference between the
supposition of an intention to prescribe a form of prayer and that
of a deliberate intention to invade the rights of the Scottish
Church.
Mr. Walter Cook, W.S.,
younger brother of Dr. Cook, now rose and said that, on looking into
the records of the Assembly of 1760, which he now held in his hand,
lie found that on that occasion, similar to the present, an Order in
Council had been issued respecting prayers for the Royal Family, and
what, be proceeded, did the Assembly do? They minuted the
Moderator's report, transmitted it to presbyteries, and approved of
the conduct both of the Moderator and of the Commission. This, he
added, was what had been done in 1760, and were they now going to
find fault, as it ware, with the course of that Assembly's
proceedings without sufficient cause shown? What was more, were
they, by a side wind, going to censure the Throne for taking a step
which a former Assembly did not challenge but approve?
Mr. Andrew 'Thomson
then rose to reply. Mr. Walter Cook, he said, laid stress upon the
circumstance that his motion was contrary to the sentiment of former
Assemblies; but this argument really went the length of implying
that the sentiments and doings of all succeeding Assemblies should
be those of all Assemblies preceding—a doctrine with which he could
not agree. The attention of the Assembly of 1760 was not called to
the subject by any motion or overture. They had given their
favourable opinion, he was entitled to say, per inceriam. Judging of
the question on its merits—supposing that the Assembly consisted of
200 members, and that 199 believed the Order in Council to be a
violation of our ecclesiastical privileges, would it be sufficient
for the 200th member to rise up and say, "You must not find it so,
because the Assembly of 1760 thought it otherwise." Besides, if the
Privy Council had authority to issue any such order, why did the
Assembly think it necessary to add on the back of it an order of
their own P His motion, it was said, was, by a side wind,
pronouncing a Censure upon the Privy Council; but if these orders of
the Privy Council possessed perfect authority over the Church, was
not this Assembly, by a side wind, throwing contempt on that body by
pretending to give a strength to this Act which yet, we are told, it
did not require? He disclaimed going to work by side winds; he went
straight forward to his object, he would do his duty boldly without
being intimidated or discouraged by the opposition of any one.
Referring next to a speech of Dr. Lee, Mr. Thomson said that the
reverend professor's acquaintance with church history he owned to be
extensive and accurate, but that in this case he was unfortunate in
his facts. He first referred to the submission of the clergy to the
orders of the sovereign in what were the most rigid and primitive
times. But he forgot to tell the Assembly that the clergy at that
period were beginning to conform, which was no good example for us
to follow—a conformity which excited the alarm of the people, and
finally riveted their opposition to Episcopacy. Next, he referred to
the Acts of the. Assembly appointing prayers in terms of the Order
in Council, but he should have recollected what he (Mr. Thomson)
believed he had urged before, that this was a proof of their
regarding the power in this case as lodged, not in the Crown, but in
themselves. Then the rev, doctor had adverted to the power of the
Crown, acknowledged by the Church, to appoint fasts and
thanksgivings. But here also he was mistaken. The instructions of
the Assembly to their Commission would prove the very reverse of
what he had alleged. Those instructions were, that the Commission,
year after year, should consult with the State respecting the fasts
and thanksgivings to be appointed. He next adverted to the speech of
his much-respected friend on the other side of the table (Dr. Cook).
He had acknowledged that no power on earth had a right to prescribe
forms of prayer to us. Here was a wellspring of sound and
constitutional doctrine, which Mr. Thomson declared to be quite
refreshing to his soul amidst all that lie had that day heard. But
unluckily we did not enjoy it long; for it soon found a hidden
channel for itself, and was no more heard of. The learned doctor
objected strongly to his motion being voted upon before it had been
submitted to a committee on overtures. But what was his conduct when
that of the learned Lord was proposed? Why! he thought fit not to
repeat his objection, although it was just as reasonable and valid
in the one case as in the other. Now he expected his learned friend
to be consistent; and, at all events, if he did not give his vote
for his motion, neither would he give it for that of the learned
Lord, though he rather hoped that he would come back and vote for
principle, since form seemed to be matter of indifference. With
regard to what fell from the Lord Justice-Clerk, his Lordship had
complained that the motion was artfully put together. To this he
must reply that no art was employed in contriving it. It was plain
and simple; it hung well together, and was abundantly intelligible.
The learned Lord had said a great deal about the Act of Queen Anne
being still in force. He did not pretend to vie with his Lordship in
interpreting Acts of Parliament, but he thought himself possessed of
as much common sense and judgment as to dispute his Lordship's
authority on this point. He maintained that the Act of Queen Anne
alluded to was not binding, and he put it to the learned judge, if
any person were brought to his bar for disobeying the Order in
Council, could he venture to try or to punish on that statute? The
learned Lord would not say so. It was impossible he should. But then
the learned Lord maintained that the Act of Queen Anne did not
authorise the phrase" express words" to be considered as dictating a
form of prayer. He had sufficiently explained himself on that head;
he had never dwelt on that Act alone; he had referred to several
circumstances totally overlooked by the learned Lord, and
particularly his Lordship had found it convenient to blink
altogether the Act of George III., quoted in this Order, and for
this good reason, he supposed, that the argument from that source
was irresistible. With regard to the statute of Queen Anne, he had
chiefly alluded to it to show that the Order of Council derived no
authority from its enactments, and to this the learned Lord had
given no satisfactory answer. And then as to the Act of Geo. III.,
while he (Mr. T.) had demonstrated that it did not apply to the
subject at all, yet the reference to it by the Council was a proof
that they meant the express words to be used, because it regulated
the devotions of a church having a liturgy—the liturgy of the Church
of England—in which no liberty was given to deviate from the
ipsissima verba of the Order. His Lordship found fault with the
sentiments of a certain pamphlet written on the subject now before
the Assembly, and it had been noticed and condemned on a former day
by Mr. Solicitor-General. Now be would say this much, that he
believed it would require all the combined efforts of the learned
Lord and the learned Solicitor-General to give a proper answer to
the substance of that pamphlet. He had read it; and were he to write
on the subject, he would certainly adopt its leading statements and
reasonings, although there were some things he would omit. But the
learned judge was not entitled to identify the whole of the
anonymous pamphlet with the argument urged by him and his friends
who had spoken on the same side. They must be allowed to think and
speak for themselves, and be judged of by the sentiments which they
expressed and avowed. The learned Lord had brought forward an
argument to prove that the Order in Council was not imperative as to
the express words, of which argument he must say that it was curious
and amusing. It was introduced by his Lordship with all the
solemnity that became such a serious subject, but really, in its
progress and result, it became utterly ludicrous. "Suppose," says
the learned Lord, "a case where a clergyman is requested to remember
in prayer a sick person, and a paper is handed up to him to that
effect, the clergyman will never think it necessary to use in his
prayer the exact words used in that paper," and from this, said Mr.
Thomson, we are to conclude that clergy men need not, in praying for
the Royal Family, make use of the impessima verba of the Order in
Council! Why, the two cases were as different from one another as
could possibly be conceived. Did it never strike the mind of the
learned Lord that Janet Mieklejohn, who happens to be sick, has a
great deal less authority to dictate a prayer for the clergyman than
the Privy Council are said to have in describing prayers for the
Church. Poor Janet, in the simplicity of her heart, humbly requests
her pastor to pray for her; and her pastor complies with her request
in the way which lie thinks most suitable to her circumstances and
most for the edification of his people. But the Order in Council
makes no request, it enjoins, it speaks of express words, it puts
the prayer in inverted commas, it requires due obedience, it comes
from the Sovereign of Great Britain, and has all the form of a
peremptory command. And yet the two things are compared and the
comparison is brought forward by the learned Lord with wonderful
gravity as a very capital illustration and a most conclusive
argument! His Lordship's case was not applicable; but he (Mr. 'I'.)
would take the liberty of putting a case which was exactly parallel,
and lie would be glad to know how the learned Lord could get the
better of it. Supposing his Lordship was to send a letter to his
steward, and order him to write to A.B., in express words, that such
a thing was to be done, putting these in inverted commas, and
supposing the steward to use the freedom of obeying the order in
substance, and not literally—employing his own language and not the
language set down for him by his Lordship—and supposing, farther,
that some hurtful mistake were to be the consequence of this, what
would his Lordship say i Would he deem it a sufficient apology if
the steward pleaded that lie did not think himself restricted? Or,
would he not rather condemn his steward, and refer to his express
words and to the inverted commas as quite decisive with regard to
his meaning:' So much then for the remember in prayer argument, A
great deal had been urged by the learned judge and the
Solicitor-General as to the proofs of the King's attachment to the
ministers of the Church of Scotland collectively and individually;
that they had got this thing and that thing and a thousand good
things; and that the deputation was graciously received; and that
some of the individuals who composed it had received many personal
favours. Now, lie did not understand this sort of argument as
applied to ministers of our Church. lie did not consider it fair and
decorous, and would not admit it. For, what did it amount to? To
this, that, because the Crown had shown us attention and kindness,
therefore we should be ready to give up our independence. But be was
just as ready to acknowledge the benefits received by the Church
from the Crown as the most strenuous on the other side. This was
fully and strongly expressed in his motion, from which he believed,
after all, their sentiments on that point were actually borrowed.
For his own part he had never asked and never received any personal
favour, and yet he was as much attached to his Sovereign as any one
of them. He was of no political party; never was a member of any
political club; never attended a political meeting; never sat down
to a political dinner; and yet he felt grateful and attached to his
Sovereign for the blessings and privileges enjoyed under his
government. He was grateful and attached to the Royal Family on
grounds which sunk all the paltry and selfish considerations urged
by the Solicitor-General into utter annihilation. He was grateful
and attached, because he shared along with all his fellow-subjects
in those benefits which that Family had been the means of conferring
on the country. He had been unfairly dealt with, he thought, by the
learned the Solicitor-General. That gentleman observed, indeed, that
he (Mr. T.) had behaved himself with propriety, and he felt himself
obliged to him for his favourable testimony. But lie certainly must
remark that the observations of the learned gentleman had no great
tendency to make him persevere in that propriety. He had said that
he (Mr. T.) had set himself up as the champion of the Church. He was
not at all aware that he deserved the appellation, especially as
applied by the learned Solicitor; but, if to defend the rights and
privileges of the Church against all invasion was meant by that
language, then he gloried in being the champion of the Church. But
besides this, or on account of this, it seemed that in the opinion
of the learned gentleman, he was a presumptuous man. The
Solicitor-General here rose and denied that he called the reverend
gentleman a presumptuous man; he only said he assumed to himself a
presumptuous character. Resuming his address, Mr. Thomson said, as
to that charge of presumption which it seemed by some very nice
logical distinction, which lie for his part did not understand, was
attached to his character and not to himself, he thought, if there
was any presumption in the case, it lay with the learned gentleman
who was so extremely bold as to give a direct and unqualified denial
to his assertions. The Solicitor again interrupted Mr. Thomson by
affirming that he said no such thing. "Very well," said Mr. Thomson,
"I have now done with the hon. gentleman's speech, and I conclude by
saying that it was nothing but my warm and inviolable attachment to
the Church that has urged me to make my stand against this
encroachment; that, according to the direction of the learned lord,
I can lay my hand upon my heart and say, I regard this Order of
Council as a manifest encroachment on its independence; and I trust
that the breath of official authority will never be allowed to
wither one leaf of that Plant of Renown which our fathers watered
with their blood, and of which we have been permitted by a kind
Providence to eat the pleasant fruits."
The Assembly then
divided, when the Justice-Clerk's motion was carried by a majority
of votes amounting to 73. there being for Mr. Thomson's 53, but for
the Justice-Clerk's 126. On the following day fifteen of those who
voted for Mr. Thomson's motion, along with himself, recorded their
dissent. [See Report in Christian Instructor. "The result was really
a triumph for Mr. Thomson and his supporters, who did not, after
what had been said, think it reasonable to depart from the
construction which they had put upon the terms of the document,
while frankly conceding the plea of mistake or oversight on the part
of His Majesty's advisers." (Rev. Sir Henry Moncreiff's lectures on
The Free Church Principle.)—Ed.] |