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Updated: June 3, 2025
The response of the supreme judicatory was in this case as ambiguous as on any former occasion. The backsliding course of the factious majority was but feebly counteracted by dissent from only two members of Synod; a respectable minority having been outwitted by the carnal wisdom of those who were prompt in applying the technicalities of law.
A Collection of the Acts, Deliverances and Testimonies of the Supreme Judicatory of the Presbyterian Church, from its Origin in America to the Present Time. By Samuel J. Baird. American Convention of Abolition Societies. Minutes of the Proceedings of a Convention of Delegates from the Abolition Societies established in different Parts of the United States. From 1794-1828.
"Revolters are profound to make slaughter." As papers were numerous on the table of Synod in 1838, so they furnished occasion for displays of character and conduct, humiliating to all lovers of Zion, who witnessed the transactions of that meeting of the supreme judicatory.
Again, by an act of 1737, framed for the more effectual bringing to justice the murderers of Captain Porteous, it is enacted, "That this act shall be read in every parish church throughout Scotland, on the first Lord's day of every month, for one whole year, from the first day of August, 1737, by the minister of the parish, in the morning, immediately before the sermon; and, in case such ministers shall neglect to read this act, as is here directed, he shall, for the first offense, be declared incapable of sitting or voting in any church judicatory; and for the second offense, be declared incapable of taking, holding or enjoying any ecclesiastical benefice in that part of Great Britain called Scotland."
"The people or prerogative are also the supreme judicatory of this nation, having power of hearing and determining all causes of appeal from all magistrates, or courts provincial or domestic, as also to question any magistrate, the term of his magistracy being expired, if the case be introduced by the tribunes, or any one of them.
Doctrines and designs which a few years since could find no mouthpiece out of a bar-room, or the piratical den of a filibuster, are now clothed with power by the authentic response of the bench of our highest judicatory, and obsequiously iterated from the oracular recesses of the National Palace.
By all which it appears, from what is above asserted and declared concerning these two divine distinct ordinances, the ministry and magistracy, that the principles maintained thereanent by the Presbytery, are nothing else than an endeavor, as a judicatory of the Lord Jesus Christ, constituted in his name, to hold fast the church of Scotland's testimony, agreeable to the scriptures of truth, for confession and covenants, fundamental acts and constitutions both of church and state and this, according to the command of the church's sole King and Head; Rev. ii, 25, and iii, 11.
We elected our Judicatory and Executive, and the government had not a right to send instructions or orders to our Executive; and if an order came which we considered to be inconsistent with our constitutional rights, it was not sent to the Executive, but to the Council; and therefore the arbitrary orders of the Government could not be executed, because they came not into the hands of the Executive.
"This discourse of judicatories whereupon we are fallen, brings us rather naturally than of design from the two general orders of every commonwealth, that is to say, from the debating part, or the Senate, and the resolving part, or the people, to the third, which is the executive part or the magistracy, whereupon I shall have no need to dwell, for the executive magistrates of this commonwealth are the strategus in arms; the signory in their several courts, as the chancery, the exchequer; as also the councils in divers cases within their instructions; the censors as well in their proper magistracy, as in the Council of Religion; the tribunes in the government of the prerogative, and that judicatory; and the judges with their courts; of all which so much is already said or known as may suffice.
See also the 27th Act, Parl. 1695, where it is declared, "That all such as shall duly come in and qualify themselves, shall have and enjoy his majesty's protection, as to their respective kirks and benefices, they always containing themselves within the limits of their pastoral charge, within their said parishes, without offering to exercise any part of government, unless they be first duly assumed by a competent church judicatory; providing, nevertheless, that as the said ministers are left free to apply, or not, to the foresaid church judicatories," &c.
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