Report of the Auchterarder Case: The Earl of Kinnoull, and the Rev. R. Young, Against the Presbytery of AuchterarderAdam and Charles Black, 1838 |
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Page 30
... jurisdiction " in their awin congregations , in maters ecclesiastical . And de- ❝cernis and declairis the saids Assemblies , Presbyteries , and Ses- “ siones , jurisdiction and discipline thereof foresaid , to be in all " times cumming ...
... jurisdiction " in their awin congregations , in maters ecclesiastical . And de- ❝cernis and declairis the saids Assemblies , Presbyteries , and Ses- “ siones , jurisdiction and discipline thereof foresaid , to be in all " times cumming ...
Page 72
... jurisdiction and limits , the superior church courts have the power , and it is to be presumed they would not fail , to set the inferior judicatory right . But if the Presbytery step out of its jurisdiction altogether - though by the ...
... jurisdiction and limits , the superior church courts have the power , and it is to be presumed they would not fail , to set the inferior judicatory right . But if the Presbytery step out of its jurisdiction altogether - though by the ...
Page 78
... jurisdiction to give the redress which is sought . On the other hand , if there was no infringement of their rights , and no excess of power , then your Lordships have no jurisdiction in the matter . In the sixth place , The defenders ...
... jurisdiction to give the redress which is sought . On the other hand , if there was no infringement of their rights , and no excess of power , then your Lordships have no jurisdiction in the matter . In the sixth place , The defenders ...
Page 91
... jurisdiction . There was no competing jurisdiction as in the present case , where the whole attempt is to exclude the civil action on the ground of want of jurisdiction , and that , too , on the supposition , if not admission , that ...
... jurisdiction . There was no competing jurisdiction as in the present case , where the whole attempt is to exclude the civil action on the ground of want of jurisdiction , and that , too , on the supposition , if not admission , that ...
Page 94
... jurisdiction in this court , to alter or control any proceedings of the church courts , or church judicatories , in matters of a spiritual or ecclesiastical nature , I am not here to dispute the rule , which is applicable to all courts ...
... jurisdiction in this court , to alter or control any proceedings of the church courts , or church judicatories , in matters of a spiritual or ecclesiastical nature , I am not here to dispute the rule , which is applicable to all courts ...
Common terms and phrases
act of Assembly acts of Parliament admission of ministers appears appointed Auchtermuchty authority benefice Book of Discipline bytery church and parish church courts Church of Scotland civil court civil right claim collation competent conclusions concurrence congregation consent declaratory declared defenders dissent doctrine duty ecclesiastical effect election enactment entitled established exercise favour foresaid give ground heads of families heritors and elders illegal induction judge judgment jurisdiction jus devolutum kirk learned friend legislative legislature Lord Lordships majority male heads matter moderation nomination objections opinion ordination parish of Auchterarder party pastor patron patron's right pres presby Presbyterian Church government Presbytery of Auchterarder presentee principle proceed proceedings pursuers question receive and admit reference Reformation refuse regulation rejection right of patronage right of presentation Robert Young sentee sentence settled settlement spiritual statute stipend summons sustained Synod tery tion trial tron ultra vires vacant veto
Popular passages
Page 25 - ... as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion ; as also because the law in that case being solemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breast of any subsequent judge to alter or vary from, according to his private sentiments...
Page 350 - Church; to receive complaints in cases of mal-administration, and authoritatively to determine the same: which decrees and determinations, if consonant to the Word of God, are to be received with reverence and submission, not only for their agreement with the Word, but also for the power whereby they are made, as being an ordinance of God, appointed thereunto in his Word.
Page 306 - Right, it is declared, that Prelacy, and the superiority of any office in the church above presbyters, is and hath been a great and insupportable grievance and trouble to this nation, and contrary to the inclinations of the generality of the people ever since the Reformation, they having reformed from Popery by presbyters, and therefore ought to be abolished...
Page 106 - It belongeth to synods and councils, ministerially, to determine controversies of faith, and cases of conscience; to set down rules and directions for the better ordering of the public worship of God, and government of his Church; to receive complaints in cases of maladministration, and authoritatively to determine the same...
Page 25 - And therefore, even, so early as the conquest, we find the " praeteritorum memoria eventorum" reckoned up as one of the chief qualifications of those who were held to be "legibus patriae optime instituti." (o) For it is an established rule to abide by former precedents, where the same points come again in litigation : as well to keep the scale of justice even and steady, and not liable to waver with every new judge's opinion...
Page 33 - And I consent to the registration hereof in the books of council and session, or any other judges books competent; therein to remain for preservation; and thereto I constitute my procurators, &c.
Page 407 - ... heads of families, members of the vacant congregation and in full communion with the Church, shall disapprove of the person in whose favour the call is proposed to be moderated in, such disapproval shall be deemed sufficient ground for the presbytery rejecting such person, and that he shall be rejected accordingly and due notice thereof forthwith given to all concerned...
Page 407 - And farther declare, that no person shall be held to be entitled to disapprove as aforesaid, who shall refuse, if required, solemnly to declare in presence of the Presbytery, that he is actuated by no factious or malicious motive, but solely by a conscientious regard to the spiritual interests of himself or the congregation.
Page 338 - ... the major part of the male heads of families, members of the vacant congregation, and in full communion with the church, shall disapprove of the person in whose favour the call is proposed to be moderated in, such disapproval shall be deemed...
Page 8 - Therefore it ought and should be found and declared by decree of the lords of our council and session, that in consequence of the death of C.