The Libels
Four ministers of the Free Church have brought to the Edinburgh and Perth Presbytery four separate private libels against Professor Donald Macleod. At this stage it should be pointed out that these are not FCDA libels but rather the four men concerned acted on their own initiative and at their own risk. A libel is a charge of serious wrongdoing which, if proved, would require that the individual concerned be censured by the Church. While a censure could involve simply a rebuke, in this case because of the seriousness of the offences alleged against a professor, it would involve deposition from the ministry. A private libel is one which has not originated from the Church or its Courts. It is one that is brought by a private individual or individuals on their own initiative. The matter of the libel may be a wrong which the individual has suffered or it may be a wrong that they perceive others or even the Church as a whole has suffered. At this stage it is not appropriate to enter into details of the charges but simply to state that they all involve breaches of the Ninth Commandment. The four ministers who brought the libels are the Rev Maurice Roberts, the Rev John Harding, the Rev David Murray and the editor, the Rev William Macleod. The four ministers had drawn up their cases and were ready to prove the charges but Edinburgh Presbytery would not allow the matter to be tabled and dealt with. Three of the ministers were present at the Presbytery on 30th March when the matter was discussed and so appealed to the Synod which also rejected their appeal and so they are now taking the matter to the General Assembly. It is obvious that the majority in the Edinburgh Presbytery will strenuously oppose any tabling and serving of the libels because that would involve them in the suspension of Professor Donald Macleod till the matter was dealt with.
The grounds that the Presbytery raised for not receiving the libels were that there was no accompanying documentation to the effect that those bringing the libels had first approached Professor Macleod privately and then gone to the Training of the Ministry Committee with their complaints. Normally, in the matter of the discipline of a Professor, the prosecution is carried out by the Training of the Ministry Committee. The response of those bringing the libels was that many people including themselves had over a long period of time made private approaches to Professor Macleod over what they regarded as his improper behaviour. The Training of the Ministry Committee had also been approached on the very points that were made in the libels and had decided not to take the matter further. A private libel is a last resort. The Moderator of the Edinburgh Presbytery, the Rev David Robertson, made plain what the only way ahead for those bringing the libels was, by writing the following in Scotland on Sunday (14 March 99): “Any individual can personally challenge a church member if they wish, they don’t have to wait for the church as an institution to act, although they can be disciplined for spreading scandal if they lose. So far no one has been brave enough to take the risk”. Just two days later four men were brave enough and took four libels to the Edinburgh Presbytery. Now the question arises as to whether the Presbytery have enough courage to deal with the matter in the proper way.
Further, those bringing the libels argued that the situation with a private libel was different. It was not the Church that was proceeding against the individual and following its normal disciplinary procedures but rather private members raising an action. In this case those bringing the libels reasoned that provided the libellers concerned were aware that they were acting at the risk of being themselves censured as slanderers, the Presbytery had no right to refuse to hear a libel (Practice of the Free Church of Scotland p.107 section 2.10 (2)). The sad fact is that the Edinburgh Presbytery have tried to raise Donald Macleod above the law and discipline of the Church. Formal charges have been made against the Professor. Neither he nor his Presbytery seem willing to deal with the issues except by means of technicalities. Professor Macleod is under a Fama and the only way this can be removed is by means of a trial in the Church Courts. He has never been tried by any Court of the Church and, to our knowledge, no scrap of evidence against him has ever been allowed into any Court of the Free Church: Kirk Session, Presbytery, Synod or General Assembly.
Any comments or questions please E-Mail me or Rev William Macleod the editor.
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