RECENT QUESTIONS IN REGARD TO CHURCH POWER.
James Dodson
Since that time the legal position and powers of the Established Church have been more discussed, especially in the cases raised preceding
Page 77
the Disruption. The question is not as to the inherent powers of the Church of Christ, in such matters, although even these are restricted by the Bible, but the question has reference to the powers of a Church in alliance with the State, to violate legally declared conditions, and retain the benefits of the Establishment. Previous to 1843 the question involved was certainly one of the most important which has ever been raised in this country, and some of the best judicial abilities of the age were applied to it; although the debate had its main origin, as is now admitted, in an encroachment by the State on the settlement of the Church at the Revolution and Union, by the passing of the Act of Queen Anne, 1712. Apart from other views on which men differ, the result of the decisions at that time, viewed with reference to civil rights and Church power, affects very materially the present question. In the first Auchterarder case, Lord Brougham said, “Upon the Statute Law of Scotland the whole controversy must ultimately depend.”
But the matter is, if possible, put more clearly by Lord Chancellor Cottenham in the Auchterarder case, where he says, “It cannot be contended that there exists in the General Assembly any legislative power to repeal, control, or interfere with enactments of the Legislature; so that even if the subject-matter were found to be within the general legislative power of the General Assembly, it would be powerless as to such subject-matter so far as it is regulated by statute.”
Page 78
That similar views, in so far as civil rights are concerned, were in accordance with the law of Scotland as understood long before, may be gathered from Erskine’s “Institutes,” 1. 5. 24, where he says, “By the present Establishment, a General Assembly or Convocation of Clergy may define or explain Articles of Faith, condemn heretical opinions, and make canons for the better establishment of the government and discipline of the Church, provided their resolutions be consistent with the laws of the realm.”