Non-intrusion is the principle that office-bearers should not be imposed upon a congregation over the objection of the people. It is the principle of the Secession of 1733 and the Disruption of 1843.
In Scottish Reformed thought, there has always been the right of Christian people to participate in the selection of their ecclesiastical leaders. In the First Book of Discipline, the Scottish Reformers state, ‘It appertaineth to the people and to every severall Congregation to elect their Minister.’ And this has been a fundamental principle of Scottish Presbyterianism, even if not its consistent practice.
The Second Book of Discipline defines election as ‘the chesing out of ane persone or personis maist able to the office that vaikis be the judgement of the eldarschip and the consent of the congregatioun quhom to the persone or personis beis appointit’. However, the definitive statement on this subject did not come until 1649, when the General Assembly of that year enacted the following piece of legislation:
“When any place of the ministry in a congregation is vacant, it is incumbent to the presbytery with all diligence to send one of its number to preach to that congregation who in his doctrine is to represent to them the necessity of providing the place with a qualified pastor, and to exhort them to fervent prayer and supplication to the Lord that he would send them a pastor after his own heart: as also he is to signify that the presbytery out of their care for that flock will send unto them preachers, whom they may hear, and if they have a desire to hear any other, they will endeavor to procure them a hearing of that person or persons upon the suit of the elders to the presbytery.
“Within some competent time thereafter, the presbytery is again to send one or more of its number to the said vacant congregation, on a certain day appointed before for that effect, who are to convene and hear sermon the foresaid day, which being ended, and intimation being made by the minister, they are to go about the election of a pastor for that congregation, the session of the congregation shall meet and proceed to the election, the action being moderated by him that preached, and if the people shall upon intimation of the person agreed upon by the session acquiesce and consent to the said person, then the matter being reported to the presbytery by commissioners sent from the session, are to proceed to the trial of the person thus elected, and finding him qualified, to admit him to the ministry in the said congregation.
“But if it happen that the major part of the congregation dissent from the person agreed upon by the session, in that case the matter shall be brought unto the presbytery, who shall judge of the same; and if they do not find their dissent to be grounded on causeless prejudices, they are to appoint a new election in the manner above specified.
“But if a lesser party of the session or congregation show their dissent from the election without exceptions relevant and verified to the presbytery, notwithstanding thereof the presbytery shall go on to the trials and ordination of the person elected; yet all possible diligence and tenderness must be used to bring all parties to an harmonious agreement.
“It is to be understood that no person under the censure of the Kirk because of any scandalous offence is to be admitted to have hand in the election of a minister.
“Where the congregation is disaffected and malignant, in that case the presbytery is to provide them with a minister.”
This procedure places the election of office-bearers in the hands of the elders and gives to the congregation a right of consent. In today’s language, the Session is the search committee and the congregation, by some form of ballot, accepts or rejects its nominee.
The principle of non-intrusion is not, however, absolute. In addition to the case mentioned in the 1649 Act, the First Book of Discipline says that where a congregation cannot decide upon a minister and the length of the vacancy is having a detrimental effect upon it, a minister can be appointed.