THE RESPONSE OF THE FCOS TO THE PROPOSALS FOR SETTLEMENT

The Commission of Assembly of the FCOS met on Thursday 23rd March  2006. They did not debate in public the above Proposals for Extra Judicial Settlement of the Dispute between the two Church factions. They did however welcome the FCC’s instruction to their Legal Advice Committee to abandon their appeal against Lady Paton’s decision. They also proposed either a ONE CHURCH SOLUTION or a TWO CHURCH SOLUTION to the dispute.

The ONE CHURCH SOLUTION

Under the ONE CHURCH SOLUTION proposal the following terms would apply:

The FCOS would “receive back” into membership those members and adherents of the FCC who would acknowledge that they “left” under the misapprehension that they were remaining in the FCOS.

Office bearers who had been “suspended from office” as a result of their having “walked out of the Commission of Assembly” on 20th January 2000 – as well as those others who had subsequently been suspended for similar reasons – should be invited to return to the Courts of the Church in order to have their suspensions “dealt with on the basis of Biblical procedures laid down in the Practice of the Free Church of Scotland – the purpose for such disciplinary procedures being the restoration of the offender, on repentance.”

The TWO CHURCH SOLUTION

The Finding of the Commission of the FCOS continues as follows:

“While it is our heartfelt desire that the “One Church Solution” would become a reality, we recognise that for some this may prove impossible. Whether because of views strongly and conscientiously held, or simply because “too much water has gone under the bridge”, some may feel they cannot return to the Church of their fathers, and would prefer a “Two Church Solution”. While still urging them to consider the One Church Solution, we recognise that at least in the meantime a Two Church Solution will be desirable for some. If it becomes clear that there remains a group who wish to remain as the Free Church of Scotland (Continuing), separate from the Free Church of Scotland, we are prepared to offer the following five proposals, with the proviso that all five must be accepted together:

The Free Church of Scotland recognises the Free Church of Scotland (Continuing) as a separate denomination, and while making clear that their ministers remain suspended from the ministry of the Free Church of Scotland, the Free Church of Scotland recognises them as office bearers of another denomination, which must make clear by its name that it is not the Free Church of Scotland.

The Free Church of Scotland asks Free Church of Scotland (Continuing) to recognise that they do not have legal title to property held on behalf of the Free Church of Scotland and therefore to return all property which Free Church of Scotland congregations require. The Free Church of Scotland for its part will give an undertaking that where this is done, arrangements for the renting or sharing of church buildings for services will be implemented, where possible and desirable, and for copies to be made of relevant ecclesiastical records.

With regard to buildings which the Free Church of Scotland does not at present require, the Free Church of Scotland is prepared to rent, lease or sell these to the Free Church of Scotland (Continuing).

A joint committee would be appointed to oversee these arrangements in consultation with local congregations.

The Free Church of Scotland expects the Free Church of Scotland (Continuing) to cooperate fully in the removal of any outstanding legal process related to this dispute, and in the release of funds held in suspense, including those held in congregational bank accounts as well as those on joint deposit with our respective law agents..

b) The FCC Commission of Assembly have, by abandoning their Reclaiming Motion (Appeal) in the Court of Session, effectively accepted the decision of that Court in Lady Paton’s Opinion that the FCC is not the Free Church of Scotland and is not therefore entitled to any of the assets of the Free Church.

c) Many members of the Free Church of Scotland (Continuing) may have been under the misapprehension that they, by identifying with the Free Church of Scotland (Continuing) were remaining in the Free Church of Scotland.

2) The Free Church of Scotland invites those office bearers of the Free Church of Scotland (Continuing) who were suspended from office by the Courts of the Free Church of Scotland around the year 2000 to return to the Courts which suspended them in order to have their suspensions dealt with according to the principles of Scriptural discipline as laid down in The Practice of the Free Church of Scotland. This for the following reasons:

a) One of the main purposes of church discipline is the recovery of the offender and restoration on repentance. If our Lord could restore Simon Peter after he denied him (John 21:15ff), surely it is not beyond the bounds of possibility (and of grace) that there could be restoration in this case! The Apostle Paul similarly speaks of the importance of restoration (2 Corinthians 2:5-11). This is a most sensitive issue with great sensitivities on both sides. This is not a time for triumphalism – “There is no place for a spirit of rivalry in any disciplinary process” (The Practice, p.89).

b) This is the time to seize a historic opportunity to do what has seldom been achieved before in Scottish Presbyterianism – to heal a church split.

c) This is consistent with Lady Paton’s opinion [76]: “…it seems to me that some or all of the pursuers in the present case may be in breach of promises or undertakings made on joining the Free Church. Matters have still to be ruled upon by the General Assembly, but in my view there are at least prima facie grounds of failure by the pursuers (or some of them) to comply with the discipline and government of the church.”

3) While it is our heartfelt desire that the “One Church Solution” would become a reality, we recognise that for some this may prove impossible. Whether because of views strongly and conscientiously held, or simply because “too much water has gone under the bridge”, some may feel they cannot return to the Church of their fathers, and would prefer a “Two Church Solution”. While still urging them to consider the One Church Solution, we recognise that at least in the meantime a Two Church Solution will be desirable for some. If it becomes clear that there remains a group who wish to remain as the Free Church of Scotland (Continuing), separate from the Free Church of Scotland, the Free Church of Scotland is prepared to offer the following five proposals, with the proviso that all five must be accepted together:

a) The Free Church of Scotland recognises the Free Church of Scotland (Continuing) as a separate denomination, and while making clear that their ministers remain suspended from the ministry of the Free Church of Scotland, the Free Church of Scotland recognises them as office bearers of another denomination, which must make clear by its name that it is not the Free Church of Scotland.

b) The Free Church of Scotland asks Free Church of Scotland (Continuing) to recognise that they do not have legal title to property held on behalf of the Free Church of Scotland and therefore to return all property which Free Church of Scotland congregations require. The Free Church of Scotland for its part will give an undertaking that where this is done, arrangements for the renting or sharing of church buildings for services will be implemented, where possible and desirable, and for copies to be made of relevant ecclesiastical records.

c) With regard to buildings which the Free Church of Scotland does not at present require, the Free Church of Scotland is prepared to rent, lease or sell these to the Free Church of Scotland (Continuing).

d) A joint committee would be appointed to oversee these arrangements in consultation with local congregations.

e) The Free Church of Scotland expects the Free Church of Scotland (Continuing) to cooperate fully in the removal of any outstanding legal process related to this dispute, and in the release of funds held in suspense, including those held in congregational bank accounts as well as those on joint deposit with our respective law agents.

The Commission of Assembly instruct the Clerk of Assembly to send this finding, together with the Report, to the Clerk of Assembly of the Free Church of Scotland (Continuing) with an invitation to appoint, consequent on the acceptance in principle of these proposals by the FCC Commission of Assembly, five representatives to meet with a similar number of representatives of the Free Church to discuss the implementation of these proposals.”