Edinburgh Presbytery Overture

The Edinburgh and Perth Presbytery met in an emergency meeting just before the Assembly began. An Overture to the General Assembly was drawn up. It aims to do three things. First it wants all the evidence against Professor Donald Macleod burnt. Is it a cover up? Are they afraid that the truth will come out? Secondly it wants to destroy the FCDA. Its attack on the FCDA is unconstitutional, dictatorial, without warrant from Scripture, is an abandonment of the historic position of the Free Church, and a violation of Christian liberty. Thirdly, it wants to discipline the Rev Maurice Roberts, the Rev David Murray and the Rev William Macleod for the terrible crime of bringing libels against Professor Donald Macleod. Without examining the charges, the evidence or the witnesses, these libels are buried and the three ministers who dared to bring them, it wishes to have libelled by their own Presbyteries. It is obvious that it is one law for one and another law for the rest. It appears that Edinburgh Presbytery now run the Free Church and look for servile submission from all other Presbyteries and ministers. There was not sufficient time at the Assembly to deal with this Overture and so it was left over to be decided by the Commission in June. Below we include the Overture in full as it reveals the mind and intentions of the most powerful Presbytery of our Church.

Unto the venerable the General Assembly of the Free Church of Scotland indicted to meet in Edinburgh on 10th May 1999 it is overtured by the Presbytery of Edinburgh and Perth that,
Whereas the Training of the Ministry and Admissions Committee in their capacity as a precognitions committee in terms of Act IX 1861 conducted exhaustive enquiries between the years 1989 and 1995 into allegations against Professor Donald Macleod and finally reported in a Supplementary Report to the 1995 General Assembly that they ‘found no evidence capable of proving in the Courts of the Church censurable conduct on the part of Rev. Professor Donald Macleod’;
Whereas the General Assembly in 1995 came to a comprehensive finding on this matter: they resolved ‘to deal with and finalise the matters so far as the disciplinary process of the Free Church is concerned’, they resolved that ‘on the basis of the evidence available no further judicial proceedings are appropriate’, they reaffirmed the decision of the Committee that they ‘had found no evidence capable of proving in the Courts of the Church censurable conduct on the part of Rev. Professor Donald Macleod. Therefore the enquiry is completely terminated and no action is taken against Rev. Professor Donald Macleod’, they directed ‘the Assembly Clerk to state to all enquirers that the matter is now closed, and that anyone seeking to pursue it further does so at the risk of being themselves censured as slanderers’;
Whereas four years have now passed and no one has sought, in terms of that finding, to pursue the matter in the Church Courts at the risk of being themselves censured as slanderers; instead, there has been a great deal of agitation by some and there have been attempts to raise the matter with reference to the 1996 Sheriff Court trial of Professor Macleod through the Presbytery of Edinburgh and Perth in a manner found to be incompetent by that Presbytery and the Southern Synod;
Whereas the Commission of Assembly meeting in June 1995 decided that the Training of the Ministry and Admissions Committee papers relating to this matter be kept for four years;
Whereas the Free Church of Scotland holds to the Establishment Principle and accepts “the magistrate's just and legal authority ... from which ecclesiastical persons are not excepted” (Confession of Faith, chap. XXIII, para. iv), and the proceedings of the 1996 Sheriff Court case concluding in the acquittal of Professor Donald Macleod are, like the proceedings in any State court, under the sole jurisdiction of the State:
Whereas the organisation known as the Free Church Defence Association has had a divisive and destructive influence on the Church at large in canvassing this matter outwith the Courts of the Church;
Whereas there is evidence that certain individuals are showing gross contempt for the Courts of this Church and are following a divisive course from the discipline and government of this Church and are continuing to campaign, in collusion with others, against Professor Donald Macleod;
Whereas it is necessary for the General Assembly to take decisive action to stop the agitation on this matter which is threatening to destroy the Church;
Wherefore, it is overtured that, taking those premises into consideration,
1. The General Assembly note the finding of the General Assembly of 1995 on the Supplementary Report of the Training of the Ministry and Admissions Committee concerning Professor Donald Macleod. They note that, four years having passed, no one has sought, in terms of that finding, to pursue the matter in the Church Courts at the risk of being themselves censured as slanderers; instead, there has been a great deal of agitation by some and there have been attempts to raise the matter with reference to the 1996 Sheriff Court trial of Professor Macleod in a way found to be incompetent by the Presbytery of Edinburgh and Perth and the Southern Synod. Therefore, the General Assembly declare that any opportunity for private action in regard to this matter in the courts of the Church now ceases. They instruct all officebearers and members to abide by the 1995 finding, and furthermore not to pursue this matter now or henceforth in any form whatsoever.
2. The General Assembly note the finding of the Commission of Assembly meeting on 21st June 1995 that “The Commission of Assembly direct the Training of the Ministry Committee to forward all papers relating to the allegations made against Professor Macleod to the Principal Clerk of Assembly, who shall hold them in retentis for four years. To this end the Training of the Ministry Committee are instructed to recall all such papers circulated to past and present members of the Committee”. Ample opportunity, therefore, having been given for any new evidence to emerge, and none having been forthcoming, the General Assembly now instruct the Clerk of Assembly to destroy all these papers forthwith.
3. The General Assembly, acknowledging that the Free Church of Scotland holds to the Establishment Principle and accepts “the magistrate’s just and legal authority… from which ecclesiastical persons are not excepted” (Confession of Faith, chap. XXIII, para. iv), recognise that the proceedings of the 1996 Sheriff Court case concluding in the acquittal of Professor Donald Macleod are, like the proceedings in any State court, under the sole jurisdiction of the State, and that the Church has no jurisdiction in those proceedings. Wherefore, the General Assembly resolve not to comment upon or raise any matter in connection with the proceedings of the said Sheriff Court Trial.
4. The General Assembly require that if any church court receives information regarding an individual under its jurisdiction to the effect he has not complied with the foregoing instruction to all members and office bearers of the Free Church of Scotland to abide by the 1995 finding and the foregoing instruction not to pursue this matter now or henceforth in any form whatsoever, then that church court shall, after duly citing and hearing parties, determine if contumacy has been proved. The Commission of Assembly is hereby granted full powers to hear and dispose of such references, appeals, petitions, dissents and complaints as may arise from the above proceedings, both at its stated meetings and at any other meetings which have been called with due notice.
5. The General Assembly deplore the fact that the organisation known as the Free Church Defence Association (FCDA) has canvassed this matter outwith the Courts of the Church. They declare that the FCDA has no authority to use the name "Free Church" and has no locus whatsoever in the properly constituted proceedings of the Courts of this Church. They instruct all officebearers and members of this Church involved with the FCDA, or any similar organisation, to cease canvassing outwith the Church matters properly dealt with by church courts, and to devote their energies to the work of the gospel within the Church. The General Assembly require that if any church court receives information regarding an individual under its jurisdiction to the effect that he has not complied with the foregoing instruction, then that church court shall, after duly citing and hearing parties, determine if contumacy has been proved. It is understood that reference to the FCDA above includes reference to any similar organisation canvassing this matter outwith the Church. The Commission of Assembly is hereby granted full powers to hear and dispose of such references, appeals, petitions, dissents and complaints as may arise from the above proceedings, both at its stated meetings and at any other meetings which have been called with due notice.
6. The General Assembly instruct all ministers in pastoral charges to give notice of these findings (1-5 above) to their congregations by pulpit intimation before 31st May of this year.
7. The General Assembly instruct the Presbytery of Skye and Uist to prosecute a libel against Mr. William Macleod, minister at Portree, before the Western Synod (in terms of the of The Practice of the Free Church of Scotland, Appendix IV (2)11.4, p.201) to determine whether he has shown contempt for the Courts of this Church and followed a divisive course from the discipline and government of this Church by publishing, as editor, in Free Church Foundations, Special Pre-Assembly issue May 1999, and in previous publications of the Free Church Defence Association, articles which interfere with the course of justice in Courts of this Church and undermine respect for the findings of Courts of this Church, and by continuing to campaign, in collusion with others, against one of the Professors of the Free Church College, Professor Donald Macleod, in submitting to the Presbytery of Edinburgh and Perth, together with others, “Private Libels” some of which sought to raise the matter closed by the 1995 General Assembly under the guise of allegations about the 1996 Sheriff Court trial of Professor Donald Macleod. The General Assembly, to guard the interests of the Assembly, appoint two ministers and two elders as special assessors to the Presbytery of Skye and Uist.
8. The General Assembly instruct the Presbytery of Inverness to prosecute a libel against Mr. Maurice J. Roberts, minister at Greyfriars, Inverness, before the Northern Synod (in terms of The Practice of the Free Church of Scotland, Appendix IV (2)11.4, p.201) to determine whether he has shown contempt for the Courts of this Church and followed a divisive Course from the discipline and government of this Church by publishing, as Chairman of the Free Church Defence Association, in Free Church Foundations, Special Pre-Assembly Issue, May 1999 and in previous publications of the FCDA, articles which interfere with the course of justice in Courts of this Church and undermine respect for the findings of Courts of this Church, and by continuing to campaign, in collusion with others, against one of the Professors of the Free Church College, Professor Donald Macleod, in submitting to the Presbytery of Edinburgh and Perth, together with others, “Private Libels” some of which sought to raise the matter closed by the 1995 General Assembly under the guise of allegations about the 1996 Sheriff Court trial of Professor Donald Macleod. The General Assembly, to guard the interests of the Assembly, appoint two ministers and two elders as special assessors to the Presbytery of Inverness.
9. The General Assembly instruct the Presbytery of Lochcarron to prosecute a libel against Mr. David P. Murray, minister at Lochcarron, before the Western Synod (in terms of The Practice of the Free Church of Scotland, Appendix IV (2)11.4, p201) to determine whether he has shown contempt for the Courts of this Church and followed a divisive course from the discipline and government of this Church by continuing to campaign, in collusion with others, against one of the professors of the Free Church College, Professor Donald Macleod, in submitting to the Presbytery of Edinburgh and Perth, together with others, “Private Libels” some of which sought to raise the matter closed by the 1995 General Assembly under the guise of allegations about the 1996 Sheriff Court trial of Professor Donald Macleod, and by speaking to the press concerning these “Private Libels” which he and others submitted to the Presbytery of Edinburgh and Perth, which were considered in the strictest confidence by the Presbytery’s Bills and Overtures Committee and which had not even been formally received by the Presbytery at that stage. The General Assembly, to guard the interests of the Assembly, appoint two ministers and two elders as special assessors to the Presbytery of Lochcarron.
10. The Commission of Assembly is hereby granted full powers to hear and dispose of such references, appeals, petitions, dissents and complaints as may arise from the above proceedings, both at its stated meetings and at any other meetings which have been called with due notice.

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

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