October 2000 Meeting of Commission of Assembly of Free Church (Continuing)

A Special Meeting of the Commission of Assembly of the Free Church of Scotland (Continuing) was convened on 31st October 2000.

At the meeting it was moved, seconded and agreed that:

“The Commission of Assembly affirm that the Free Church of Scotland (Continuing) is willing to attempt to settle any difficulties over church property by negotiation rather than resort to civil litigation.”

This was formally conveyed in a letter dated 7th November by the Clerk of Assembly to his counterpart in the Residual Body. On 30/11/00 the Commission of Assembly of the Free Church (Continuing) instructed the Assembly Clerk to respond to a communication from the Rev. James MacIver dated 24/11/2000 in the following terms inter alia:

“3) If there is a just and equitable settlement will the Free Church (Continuing) then give up its claim to be the Free Church of Scotland?

3 No. The position of the Free Church of Scotland (Continuing) is made clear in the Declaration of Reconstitution.”

This response was considered by the Commission of the Residual Free Church on 13th December 2000. Their Finding was inter alia:

“The Free Church of Scotland do not move to discussions with the self styled Free Church (Continuing) on the grounds 1) They have not given an undertaking that they will not take the question of the status of individuals in the Church to the civil court, 2) That the Free Church (Continuing) do not accept that they are not the Free Church of Scotland.”

In the light of this response it was formally proposed to the residual body that the parties agree to utilise the process known as Judicial Arbitration to settle their differences. In August 2001 Law Agents advised the Free Church (Continuing) that agents for the other side had intimated that their clients were not willing to consider such a procedure. The Free Church (Continuing) Legal Advice and Property Committee accordingly concluded that there was now no alternative to raising an action for Decree of Declarator in the Court of Session.