Going To Law

The Free Church was born in 1843 out of a separation from the Church of Scotland because of the interference of civil law in the Church. In 1900 the controversy was within the Church but again the relationship of the Church to the state was central. Church and state both have their proper spheres of influence and judgment. When Christ says "Judge not, that ye be not judged" (Mat.7:1), He cannot mean that Christians must abandon all judgment. Many use it in this way as an excuse for laxity in church discipline. A brief look at the context makes plain that Jesus is against the hypocrisy of condemning others when you yourself are doing the same thing. The church will judge angels and she must also judge things that pertain to this life (1Cor.6:3).

Dare any go to Law?
There is much misunderstanding also with the statement of Paul: "Dare any of you, having a matter against another, go to law before the unjust, and not before the saints?" (1Cor.6:1). This does not mean that Christians must ignore proper legal remedies. Otherwise how could Paul cry, "I appeal unto Caesar" (Acts 25:11)? Many Christians have been delivered from trouble, not by an Assembly helpline, but by dialling 999. In 1843 the unchecked madness of patronage resulted in separation of the Church from the state, and similarly in 1900, the unrestrained evil of liberalism drove the faithful "Wee Frees" to cry to God that the law would defend the rights of the minority in another separation. Had they not gone to law it is doubtful if there would be a Free Church today. Paul in 1Corinthians 6 is simply against brethren taking brethren to law in private disputes when this should be handled within the Christian church. In a church-wide dispute there is no doubt a role for introducing universally respected arbiters from sister churches. We note how this solution was recently rejected by the Free Church Commission of Assembly.

What we say goes
History warns the modern constitutional Free Church that she faces her most arduous test in living memory. Labouring under alleged serious mal-administration of the Constitution by some of her leading men and their followers, the Free Church enters the new millennium as a deeply-divided and polarised denomination. Onlookers gasp at the pursuing to the point of suspension from the ministry, and, in the end, eviction from gospel service, of around 30 ministers. Wide-eyed and open-mouthed English, Irish, Dutch, Australians, Africans and Americans raise the question, 'How can they?'
For gospel ministers, their wives and children, the unchristian spectre of being 'cast out' becomes a painful prospect. In the name of Christ and under guise of His authority, today's super-cure is the charge of 'contumacy' with the ghastly result of sundering "what God has joined together". Reinterpreted, contumacy now means 'what we say goes - or else'. Popes do not always live in Rome.
It may embarrass majorities but no person is contumacious who disobeys an anti-scriptural instruction and the many strangely overlook the fact that Christ was among the minority when the majority demanded "Crucify him! Crucify him!" Assemblies are obliged to make only "declarations of the laws of Christ, and applications of...the principles involved in them" and therefore no anti-scriptural instruction is ever to be obeyed. (Catechism on the Principles and Constitution of the Free Church, 1847, Q/A 61). The Lord Jesus Christ is the infallible and alone Lawmaker in the church and whenever churchmen enact and bind where God has made free, fragmentation and misery is the result.

For good name and property
Majorities and minorities rattle sabres about going to law over manses and churches. But should professing Christians go to law over one's good name, bricks and mortar and assets? The consistent, biblical and Free Church response is that in certain situations it is right. Going to law over property at times is not an option but a Christian responsibility akin to defending one's country. Christian property is not to be transferred to those who will undermine the Bible, and its truth and justice. Manses and churches are in fact Christ's. The Free Church is simply a trustee of Christ's property and has a duty to guarantee that it is used for the sole purpose for which it was given in trust. The conditions of use in Free Church terms entail that such property is to be used in harmony with the principles embodied in the Constitution and none have a right of use except they who rightly use it. Consequently, no-one should abandon the Lord's property. We are to be good stewards of all He has entrusted to us. All of it is Christ's.

The place of the Law
Lawyers are not to decide the principles of the Church. Christ has infallibly settled these by His Word. Yet in all questions of property the civil power has the right to operate. We are to "Render therefore unto Caesar the things which are Caesar's; and unto God the things that are God's" (Mat.22:21). If your minister's car is stolen you call the police not the presbytery. Likewise when manses, churches or salaries are plundered the civil power is a rightful arbiter.
When the Church enforces Acts of Assembly contrary to the Constitution and by mere majority decisions alters the terms of obligation on office-bearers of the Church, and if men are made homeless for simply resisting these anti-scriptural instructions then, like Paul defending himself, men have a right to appeal to the civil law. The state was driven to determine which was the Constitutional Free Church in the past, but only for the singular end of deciding the matter of property. It appears that the lessons of history may be about to be repeated in all their pain with the full array of dirty linen spread before the world.
Civil law is sometimes necessary for the stewards of Christ's property, and if a church evicts her own children then do not be surprised if the children appeal to Caesar.


Any comments or questions please E-Mail me or Rev William Macleod the Editor.

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