On Tuesday 7th March 2006, the Commission of the Free Church of Scotland (continuing) resolved to instruct their Legal Advice and Property Committee to fall from their appeal against the judicial decision of Lady Paton in the Court of Session on 24th March 2005.

They also resolved to submit the following Proposals for Extra-judicial Settlement of the Dispute between the present subsisting bodies of Christians known as:

THE FREE CHURCH OF SCOTLAND (CONTINUING).

AND

THE FREE CHURCH OF SCOTLAND

The General Assemblies of both bodies, humbly conscious of the damage that has been done to the Cause of Christ by the dispute that has divided the Free Church of Scotland  in recent years and desirous that the rift be healed to such an extent that both bodies can exist in harmony with each other for however long organic reunion continues to elude them, hereby agree to the following provisions for settlement of their dispute without further recourse to the civil magistrate.

1.  Whereas the Free Church of Scotland (Continuing) assert

1.1that the right of continued protest in the Courts of the Reformed Church in Scotland against defections from constitutional principles and the rights of a dissenting minority against an oppressive majority have both ever been constitutional principles of the Free Church (General Assembly Act IX, 1851 and Act IX 1852)

1.2that no charge may be laid against any member of the Church of Jesus Christ which is not a breach of Biblical requirement ( Free Church Practice Part III 1.5) and that no member of the Church can be deprived of his privileges except by the establishment of his guilt with reference to a relevant charge, proved by competent evidence, before a competent Court and by means of a regular and fairly conducted trial ( Free Church Practice Part III 2.10)

1.3that the foregoing premises are founded upon the principle that Christ alone is the Head of the Church and that office bearers in the Courts of the Church must govern ministerially according to the laws of Scripture rather than magisterially by exercise of oppressive rule; and that faithful exercise of the constitutional right of continued protest enables office bearers to assert, maintain and defend the doctrine , worship, discipline and government of the Church , thus preserving the unity of the Church of the Church against error and schism; and that office bearers cannot be declared to be in violation of their ordination vows in the absence of due process.

Mark 10 : 35 - 45

And,

Whereas the Free Church of Scotland assert……………

[This part needs to be filled in by the Free Church of Scotland (separated)].

And,

Whereas the Civil Magistrate has declared that neither the Free Church of Scotland nor the Free Church of Scotland (Continuing) have departed from the fundamental tenets of the Free Church of Scotland,

Wherefore

4.     For the sake of peace and the restoration of ecclesiastical relations between brethren, it is

hereby agreed and enacted by the General Assemblies of the Free Church of Scotland and the Free Church of Scotland (Continuing) that they will adhere to the following terms of settlement:

4.1.  Title.

For the purposes of distinguishing between the separate bodies, each claiming unbroken succession from the Disruption fathers, the Free Church (Continuing) is content to be known by that title for as long as organic reunion eludes us.

4.2    The Suspensions.

The “suspensions” imposed by the Commission of Assembly upon 22 ministers of the Gospel on 20 January 2000 and subsequently by a number of Presbyteries on other ministers adhering to the Free Church of Scotland (Continuing) are hereby recognised as being void.

4.3    Property.

The overriding principle that each congregation has a suitable place for worship and no minister of the Gospel is without appropriate accommodation for his needs will regulate the approach of both bodies to resolution of property matters.

The general principle will be that current occupancy will be accepted as the appropriate occupancy for future regulation.  Where possible, and subject to the agreement of local congregations, adjustments to currently prevailing conditions of occupancy that are likely to make for more efficient use of places of worship may be arranged.

Title to those properties held under the terms of the Model Trust Deed and now to be occupied as of right by or for congregations adhering to the Free Church (Continuing) will pass to the Free Church of Scotland (Continuing) by means of the Free Church General Trustees renouncing any interest in the affected properties in favour of General Trustees appointed by the Free Church of Scotland (Continuing).  The terms of the trust under which these properties are held will remain unchanged in principle by this process and any proposed future change in these terms will be subject to agreement by both the Free Church of Scotland and the Free Church of Scotland (Continuing).  In like manner, title to properties held by local trustees will pass where goodwill prevails between the parties under the supervision of Law Agents for both bodies and of a joint Committee appointed for the purpose.  In those cases where agreement on the basis of goodwill cannot be reached the status quo will continue to prevail and the matter will continue to be kept under review by the joint Committee until a resolution can be found.

Oversight of these arrangements will be undertaken by a joint committee to be known as the Committee anent Settlement Arrangements.  The Committee will have a complement of 6 persons, 3 from each of the two Denominations, appointed by their respective General Assemblies and chosen with regard to their gracious disposition and aptitude for administration.  Both bodies will have the right to nominate one of their number to the office of Convener of the Committee.  Chairmanship of meetings will alternate sequentially between the Convener representing both bodies.  The terms of membership and rules of procedure will be as laid down in the Standing Orders of General Assembly in respect of Standing Committees prior to the division.  Both bodies will have the right at their exclusive discretion to nominate one independent observer to membership of the Committee.  Any such observer will be a minister or ruling elder from a Denomination or ecclesiastical body with which the Free Church of Scotland or the Free Church of Scotland (Continuing) has fraternal relations. 

4.4   Finance.

In those local situations where there are frozen bank accounts, resolution of the entire   situation will involve an amicable settlement of all property and financial matters, including that of funds held for behoof of the local Free Church congregation, now in frozen bank accounts.  Under supervision of the Committee and the Law Agents for both bodies, these financial matters will be resolved in such a manner as will be to the satisfaction of the relevant Bank for release of frozen funds.  Where funds are held for behoof of the local congregation in the Free Church Share Pool or in other centrally held funds, the Committee and the Law Agents will take this into consideration in their proposals for settlement.  Any other funds generated, for example, by sale of local properties, in which the separated sections of a local congregation can each reasonably claim to have an interest, will also be incorporated into the proposals for settlement.

In proposals for resolution of property matters, as provided for under paragraph 4.3 hereof, the General Trustees of the Free Church will undertake to give due consideration to release of funds held in trust for behoof of local congregations.

4.5    Free Church Pension Fund.

It has become clear that the Stewardship and Policy Committee of the Free Church of Scotland and the Trustees of the Pension Fund are faced with an immense problem due to the significant shortfall in funding.  This is an issue that the members of these bodies are currently giving urgent attention to in collaboration with independent professional advisers.  The Trustees of the Pension Fund hereby give an undertaking to ensure, that whatever course of action is deemed to be prudent in the light of advice received, they will seek to guarantee equity and equality to all members, irrespective of denominational affiliation.  Subject to satisfactory arrangements being put in place in respect of the other matters dealt with in this agreement, as well as an equitable share of centrally held material assets being made available to them, the Free Church of Scotland (Continuing) give an assurance that they will give diligence to providing whatever financial help is deemed to be equitable to assist in resolving this difficult problem.

4.6   Ecclesiastical Records.

The general principle will be that the status quo will continue to prevail but, with goodwill prevailing on both sides, efforts will be made to ensure that neither side is disadvantaged by the absence of records.  Where possible and desirable, this will be effected by exchange of copies to maintain continuity.  A Joint Working Party anent Annals of the Free Church will be re-appointed to take this project forward in a sensitive manner.

4.7Library Access.

It is hereby agreed that access on the part of ministers and divinity students of the Free Church of Scotland (Continuing) to the library held at the Free Church College will be equal and equivalent to that of ministers and divinity students of the Free Church.  It is also hereby agreed that the terms of access to the New College library, governed by the provisions of the Churches Scotland Act 1905, is taken to include all ministers and divinity students of the Free Church of Scotland (Continuing).

5.   Implementation of these provisions.

5.1The provisions of this draft agreement, subject to such adjustment as may be agreed between representatives of the Legal Group of the Stewardship & Policy Committee of the Free Church of Scotland and of the Legal Advice & Property Committee of the Free Church of  Scotland (Continuing) will be tabled at Commissions of Assembly of both bodies indicted to meet in March 2006.  Subject to the terms of this agreement being approved in principle by both Commissions of Assembly, the Free Church of Scotland and the Free Church of Scotland (Continuing) each undertake to fall from further legal process for resolution of the difficulties between them.

5.2On the terms of the agreement being approved in principle by both Commissions of

Assembly, a joint Working Party will be appointed to finalise the detail of this agreement for approval and implementation by the General Assemblies of both bodies indicted to meet in Edinburgh in May 2006.  The Free Church and the Free Church Continuing will each appoint 3 of their number to the Working Party to confer with each other and with their respective Committees for final resolution of out standing matters for incorporation into a jointly approved Report to the General Assembly of both Denominations.  In the event of any matter not being satisfactorily resolved by negotiation in advance of preparation of the joint Report to General Assembly, it will be competent for the Committee of either Denomination to requisition the calling of a Special Commission of their Assembly for resolution of any such matter.

5.3Both bodies humbly resolve, in prayerful dependence upon God’s grace and help, to seek to strive with energy, diligence and mutual respect to resolve this dispute between them in a manner that is becoming of brethren in the Lord Jesus Christ.