THE Synod of the Free Presbyterian Church of Scotland met within the Hall of St. Jude’s Free Presbyterian Church, Glasgow, on the 17th day of November, 1942, at 6.30 p.m. The Moderator, Rev. Arch. Beaton, Gairloch, conducted public worship and preached from Isaiah, iv. 5: “For upon all the glory shall be a defence.” There was a large attendance of the public.
After these devotional exercises, the Moderator constituted the Synod. The Roll was called, which was as follows:—Northern Presbytery: Revs. D. A. Macfarlane, F. Macleod, W. Grant, D. J. Matheson, R. R. Sinclair, Ministers; with Messrs.; W. Bruce, J. Hymers, R. Ross, D. Campbell, K. Matheson, F. Beaton, Ruling Elders. Southern Presbytery: Revs. N. Macintyre, D. Beaton, J. Macleod, R. Mackenzie, J. A. Tallach, D. Urquhart, J. P. Macqueen, Ministers; with Messrs.; Dr. M. Tallach, J. Mackay, D. J. Walker, M. Macphee, N. Macswan, Ruling Elders. Western Presbytery: Revs. D. N. Macleod, D. M. Macdonald, J. Colquhoun, A. Beaton, A. F. Mackay, Alex. Macaskill, A. D. Macleod, M. Macsween, D. Campbell, Ministers; with Messrs.; N. Macleod, M. Macleod, J. Fraser, J. Maclellan (Shieldaig), J. Maclellan (Raasay), J. Campbell A. Macaskill, K. Macaskill, M. Macaskill, Ruling Elders. Outer Isles Presbytery: Revs. M. Gillies, D. R. Macdonald, D. J. Macaskill, J. A. Macdonald, W. B. Nicolson, Ministers; with Messrs.; N. Macleod, N. MacKinnon, M. Macaulay, D. Matheson, A. Macdonald, Ruling Elders.
The absent members at this stage were:—Revs. N. Macintyre, Jas. Macleod, R. Mackenzie, D. N. Macleod, A. F. Mackay, D. R. Macdonald, D. J. Macaskill, W. B. Nicolson, Ministers; and Messrs. W. Bruce, R. Ross, A. Macdougall, M. Macleod, J. Fraser, J. Campbell, M. Macaskill, N. MacKinnon, M. Macaulay, D. Matheson, A. Macdonald, Ruling Elders. Several of these members were present at later meetings.
* Record of Proceedings herewith are not official minutes. Robert R. Sinclair, Clerk of Synod.
Letters of apology for absence were received from Revs. N. Macintyre and D. N. Macleod; and Messrs. J. Campbell, M. Macaskill, D. Matheson, J. Fraser, M. Macleod, which were read.
Minutes of previous Synod were approved.
Officer of Court.—It was moved, seconded and agreed to “That Mr. J. Skinner be appointed Officer of Court.” Mr. Skinner agreed to accept office and perform the duties.
Next Sederunt.—It was moved, seconded and agreed to, that the Synod meet again in Public, to-morrow, at 7 p.m.
The meeting was closed with praise and prayer.
SECOND PUBLIC SEDERUNT.
The Synod again met within the Hall of St. Jude’s Church, Glasgow, on Wednesday, the 18th day of November, 1942, at 7 p.m. and was constituted. The Roll was called and business proceeded with.
Synod Sermon.—It was moved, seconded and agreed to “That the Moderator send his sermon to the Editor for publication in the Magazine.”
Synod Message of Goodwill and Sympathy.*—This message to all our men and women serving our country in the call of war, was read by Rev. W. Grant, who moved its adoption. This was seconded and agreed to.
Report of Committee to consult Counsel re Rev. R. Mackenzie’s Petition of 1940.—Rev. R. R. Sinclair gave in this Report on behalf of the Committee.
The Report is as follows:—On 24th September, 1942, the Committee met in Glasgow, consisting of Rev. Jas. Macleod, Rev. R. R. Sinclair, and Mr. Ewen Macaskill, elder. The Committee’s terms of Reference were, “That the Synod appoint a Committee to consult Counsel i.e. the Church’s K.C. for his opinion regarding the Synod’s action in declining to receive Mr. Mackenzie’s Petition of 1940, for the information of the members of Synod, and that the Synod in their reply to Mr. Mackenzie’s letter inform him that this action has been taken in order to clarify the situation, and if possible to meet his difficulties under Heading I. of his letter.”
Rev. R. R. Sinclair was instructed by the Committee to forward to Mr. J. R. Philips, advocate, Edinburgh, through Messrs. Morris & Macdonald, Solicitors, the necessary documents.
This was duly done and on 15th October, 1942, the Committee had a consultation with Mr. Philip, advocate, who said he would forward his opinion in writing to Rev. R. R. Sinclair, prior to the November Synod.
Rev. R. Mackenzie’s Petition.—Rev. R. R. Sinclair further pointed out that Rev. R. Mackenzie’s Petition presented to Synod in 1940, dealt with matters affecting two parties whose names were not stated in the Petition.
Decision of Synod.—This Synod on the 24th of May, 1940, decided unanimously: “That the Petition from Rev. R. Mackenzie be not received, for the following reasons:—’that before the Petition can be disposed of, all parties referred to in it or affected by it must be summoned with due notice to the bar, that they may be heard for their interests’
(Moncrieff’s Practice, p. 57, section 2, paragraph 2, and latter part of same at top of p. 58).”
Letter from Rev. R. Mackenzie.—Rev. R. Mackenzie sent a letter dated 7th May, 1942, to the Synod of May, 1942, referring (in part) to the Synod’s action in declining to receive his Petition, and in which he sets forth in detail his objections to the Synod’s action. The relevant part of this letter was read.
Arising from discussion over this letter at May Synod some members of Synod considered it would be helpful to seek opinion of Counsel on the Synod’s action; and the motion instructing a Committee to do so, was agreed to.
Counsel’s Opinion.—Rev. R. R. Sinclair then read the opinion of Mr. J. R. Philip, advocate, Edinburgh, dated 27th October, 1942, which contained the following statements:—”The decision of the Synod upon the Petition which is dated, 24th May, 1940, was, “That the Petition from Rev. R. Mackenzie be not received for the following reason—that, before the Petition can be disposed of, all parties referred to in it or affected by it must be summoned with due notice to the bar, that they may be heard for their interests, Moncrieff’s Practice, p. 57, section 2, para. 2, and latter part of same at top of page 58.”
My opinion is asked, “regarding the Synod’s action in declining to receive the Petition; and the question for determination may be formulated thus: Was the decision sound and reasonable according to the law of the Church? Prima facie, the passage quoted applies in terms to the situation raised by Mr. Mackenzie’s Petition. Certain parties are ‘referred to in it and affected by it, and, therefore, they would require to be summoned, with due notice, to the bar, that they may be heard for their interests. Mr. Mackenzie has, however, not designated the persons concerned. It is, in my view, no answer to say that the Petition refers to decisions of the Synod from which can be deduced the identity of the persons concerned. If a petition affects the interests of third parties, then the petitioner must formally table their names, in order that the Synod may be duly certiorated of their identity before citation is made. It is also, in my view, not an answer to say that the Petition raises a question of principle, and does not specially affect the persons in question. Plainly, the craves of the Petition may involve the possibility of action being taken against the persons concerned. The decision which the Synod has come to is, of course, not a refusal of Mr. Mackenzie’s Petition on its merits. It is only a dismissal of the Petition, as presented, on the ground that it is not in proper form. It would be establishing a dangerous precedent if the Synod were to entertain on its merits a petition which was not in proper form. Paragraph 4 (3) of Chapter II., Part II., Div. II., of Moncrieff’s Practice, which applies to Petitions, including Petitions to the Synod (Chapter III., Part II., paragraph 11), makes it plain that the Synod is only to hear parties on the merits after it has been “satisfied that the documents are sufficient to bring the case before the Court, and that all parties have been duly cited.”
On the whole matter, therefore, I am of opinion that the decision taken was sound and, reasonable according to the law of the Church.”
Adoption of Report.—Rev. R. R. Sinclair now moved the adoption of this Report submitted by him, and Rev. John Colquhoun seconded and
this was unanimously agreed to. Rev. A. D. Macleod asked that it be made clear that the, substance or merits of matters dealt with in Rev. R. Mackenzie’s Petition, were not dealt with by the Synod. The Rev. R. R. Sinclair stated in an explanatory statement that this was correct.
Synod Prayer-meeting.—The Moderator now conducted a short prayer-meeting called upon one or two members of Synod to engage in prayer. Thereafter some formal items of business were dealt with.
The meeting was closed with praise and prayer.*
* The remainder of the Synod’s Proceedings will (D.V.) be given in the February issue of the Magazine.—Editor.