were paid out of the surplus fund to 632 and 129 ministers respectively.
To provide for the erection of the buildings which, it was foreseen, would be necessary, a general building fund, in which all should share alike, was also organized, and local building funds were as far as possible established in each parish, with the result that at the first Assembly a sum of £104,776 was reported as already available. By May 1844 a further sum of £123,060 had been collected, and 470 churches were reported as completed or nearly so. In the following year £131,737 was raised and 60 additional churches were built. At the end of four years considerably more than 700 churches had been provided.
During the winter session 1843–1844 the divinity students who had joined the Free Church continued their studies under Dr Chalmers and Dr David Welsh (1793–1845); and at the Assembly of 1844 arrangements were made for the erection of suitable collegiate buildings. The New College, Edinburgh, was built in 1847 at a cost of £46,506; and divinity halls were subsequently set up also in Glasgow and Aberdeen. In 1878 there were 13 professors of theology, with an aggregate of 230 students,—the numbers at Edinburgh, Glasgow and Aberdeen respectively being 129, 69 and 32.
A somewhat unforeseen result of the Disruption was the necessity for a duplicate system of elementary schools. At the 1843 Assembly it was for the first time announced by Dr Welsh that “schools to a certain extent must be opened to afford a suitable sphere of occupation for parochial and still more for private teachers of schools, who are threatened with deprivation of their present office on account of their opinions upon the church question.” The suggestion was taken up with very great energy, with the result that in May 1845, 280 schools had been set up, while in May 1847 this number had risen to 513, with an attendance of upwards of 44,000 scholars. In 1869 it was stated in an authoritative document laid before members of parliament that at that time there were connected with and supported by the Free Church 598 schools (including two normal schools), with 633 teachers and 64,115 scholars. The school buildings had been erected at a cost of £220,000, of which the committee of privy council had contributed £35,000, while the remainder had been raised by voluntary effort. Annual payments made to teachers, &c., as at 1869, amounted to £16,000. In accordance with certain provisions of the Education Act of 1872 most of the schools of the Free Church were voluntarily transferred, without compensation, to the local school boards. The normal schools are now transferred to the state.
It has been seen already that during the period of the Ten Years’ Conflict the non-intrusion party strenuously denied that in any one respect it was departing from acknowledged principles of the National Church. It continued to do so after the Disruption. In 1846, however, it was found to have become necessary, “in consequence of the late change in the outward condition of the church,” to amend the “questions and formula” to be used at the licensing of probationers and the ordination of office-bearers. These were amended accordingly; and at the same time it was declared that, “while the church firmly maintains the same scriptural principles as to the duties of nations and their rulers in reference to true religion and the Church of Christ for which she has hitherto contended, she disclaims intolerant or persecuting principles, and does not regard her Confession of Faith, or any portion thereof when fairly interpreted, as favouring intolerance or persecution, or consider that her office-bearers by subscribing it profess any principles inconsistent with liberty of conscience and the right of private judgment.” The main difference between the “formula” of the Free Church and that of the Established Church (as at the year 1900) was that the former referred to the Confession of Faith simply as “approven by General Assemblies of this Church,” while the latter described it as “approven by the General Assemblies of this National Church, and ratified by law in the year 1690, and frequently confirmed by divers Acts of Parliament since that time.” The former inserted an additional clause,—“I also approve of the general principles respecting the jurisdiction of the church, and her subjection to Christ as her only Head, which are contained in the Claim of Right and in the Protest referred to in the questions already put to me”; and also added the words which are here distinguished by italics,—“And I promise that through the grace of God I shall firmly and constantly adhere to the same, and to the utmost of my power shall in my station assert, maintain, and defend the said doctrine, worship, discipline and government of this church by kirk-sessions, presbyteries, provincial synods, and general assemblies, together with the liberty and exclusive jurisdiction thereof; and that I shall, in my practice, conform myself to the said worship and submit to the said discipline [and] government, and exclusive jurisdiction, and not endeavour directly or indirectly the prejudice or subversion of the same.” In the year 1851 an act and declaration anent the publication of the subordinate standards and other authoritative documents of the Free Church of Scotland was passed, in which the historical fact is recalled that the Church of Scotland had formally consented to adopt the Confession of Faith, catechisms, directory of public worship, and form of church government agreed upon by the Westminster Assembly; and it is declared that “these several formularies, as ratified, with certain explanations, by divers Acts of Assembly in the years 1645, 1646, and particularly in 1647, this church continues till this day to acknowledge as her subordinate standards of doctrine, worship and government.”[1]
In 1858 circumstances arose which, in the opinion of many, seemed fitted to demonstrate to the Free Church that her freedom was an illusion, and that all her sacrifices had been made in vain. John Macmillan, minister of Cardross, accused of immorality, had been tried and found guilty by the Free Presbytery of Dumbarton. Appeal having been taken to the synod, an attempt was there made to revive one particular charge, of which he had been finally acquitted by the presbytery; and this attempt was successful in the General Assembly. That ultimate court of review did not confine itself to the points appealed, but went into the merits of the whole case as it had originally come before the presbytery. The result was a sentence of suspension. Macmillan, believing that the Assembly had acted with some irregularity, applied to the court of session for an interdict against the execution of that sentence; and for this act he was summoned to the bar of the Assembly to say whether or not it was the case that he had thus appealed. Having answered in the affirmative, he was deposed on the spot. Forthwith he raised a new action (his previous application for an interdict had been refused) concluding for reduction of the spiritual sentence of deposition and for substantial damages. The defences lodged by the Free Church were to the effect that the civil courts had no right to review and reduce spiritual sentences, or to decide whether the General Assembly of the Free Church had acted irregularly or not. Judgments adverse to the defenders were delivered on these points; and appeals were taken to the House of Lords. But before the case could be heard there, the lord president took an opportunity in the court of session to point out to the pursuer that, inasmuch as the particular General Assembly against which the action was brought had ceased to exist, it could not therefore be made in any circumstances to pay damages, and that the action of reduction of the spiritual sentence, being only auxiliary to the claim of damages, ought therefore to be dismissed. He further pointed out that Macmillan might obtain redress in another way, should he be able to prove malice against individuals. Very soon after this deliverance of the lord president, the case as it had stood against the Free Church was withdrawn, and Macmillan gave notice of an action of a wholly different kind. But this last was not persevered in. The appeals which had been taken to the House of Lords were, in these circumstances, also departed from by the Free Church. The case did not advance sufficiently to show
- ↑ By this formal recognition of the qualifications to the Confession of Faith made in 1647 the scruples of the majority of the Associate Synod of Original Seceders were removed, and 27 ministers, along with a considerable number of their people, joined the Free Church in the following year.
