25 Gordon Terrace
AYR
KA8 0EX
21 April 1997
Professor J L Mackay
Principal Clerk of Assembly
The Mound
EDINBURGH
EH1 2LS
Dear Sir
Unto the General Assembly of the Free Church of Scotland, indicted to meet in Edinburgh on 19 May 1997, the Petition of the undersigned humbly shows that,
Whereas, in a letter dated 25 November 1996, the Kirk Session of Ayr Free Church did notify your Petitioner that it had barred him from attending public worship at Ayr Free Church,
Whereas, the Kirk Session came to a decision without summoning your Petitioner to the bar, and thus deprived them of access to the court of Glasgow Presbytery by Appeal
Whereas, this is a flagrant violation of procedures laid down in The Practice of the Free Church of Scotland,
Whereas, this is in violation of the principle laid down in scripture that there is to be one law for the "home-born" and for the stranger within the congregation, your Petitioner not being a member of Ayr Free Church, [a few example texts follow:
One law shall be to him that is homeborn, and unto the stranger that sojourneth among you. - Exodus 12:49
Ye shall have one manner of law, as well for the stranger, as for one of your own country: for I am the LORD your God. - Leviticus 24:22
One law and one manner shall be for you, and for the stranger that sojourneth with you. - Numbers 15:16
Ye shall have one law for him that sinneth through ignorance, both for him that is born among the children of Israel, and for the stranger that sojourneth among them. - Numbers 15:29]
Whereas, this is in flagrant violation of natural law and the Rule of Law,
Whereas, on 10 December 1996, Glasgow Presbytery of the Free Church of Scotland meeting in camera refused to receive an appeal duly brought before it against the above action or even to notify your Petitioner of its decision,
Whereas, the Presbytery came to its decision without summoning your Petitioner to the bar, thus depriving him of access to the Court of Synod by appeal,
Whereas, on 15 April 1997, the Southern Synod of the Free Church of Scotland meeting in open court, refused to receive an appeal, duly brought before it and deemed receivable by the Business Committee, against the action of Glasgow Presbytery,
Whereas, the Synod came to its decision without summoning your Petitioner to the bar, thus depriving him of access to the Court of the General Assembly by appeal,
Whereas, all persons who judged themselves lesed by the procedure or sentence of a church court may appeal to a higher court,
Whereas, the undersigned verbally appealed to Assembly during the Synod immediately after the vote had taken place,
Consequently, your Petitioner seeks the intervention of Court of the General Assembly of the Free Church of Scotland in respect of the aforesaid matters.
Signed,
Paul Mansbacher
"And I charged your judges at that time, saying, Hear the causes between your brethren, and judge righteously between every man and his brother, and the stranger who is with him. Ye shall not respect persons in judgment, but ye shall hear the small as well as the great; ye shall not be afraid of the face of man, for the judgment is God's; and the cause that is too hard for you, bring it unto me, and I will hear it." - Deuteronomy 1:16-17
"Ye shall have one manner of law, as well for the stranger as for one of your own country; for I am the LORD your God." - Leviticus 24:22
"Cursed be he who perverteth the judgment due of the stranger, fatherless and widow. And all the people shall say, Amen." - Deuteronomy 27:19
"Thus saith the LORD, Execute judgment and righteousness, and deliver the spoiled out of the hand of the oppressor; and do no wrong, do no violence to the stranger, the fatherless, or the widow, neither shed innocent blood in this place. ... But if ye will not hear these words, I swear by myself, saith the LORD, that this house shall become a desolation." - Jeremiah 22:3,5
Supporting Documents Enclosed:
Appeal to Glasgow Presbytery, including copy of Letter from Ayr Free Church,
Appeal to Southern Synod,
An extract of minutes was requested from Ayr Kirk Session but not received,
An extract of minutes was requested from Glasgow Presbytery but not received,
An extract of minutes from Southern Synod.
Response
Dear Sir,
Petitions to General Assembly
I am writing with reference to your two petitions forwarded to me for the attention of the General Assembly.
When the General Assembly meets, it sets up a Committee to scrutinise papers that have been sent. The Committee considered the papers you submitted. as regards the first Petition against decisions of Ayr Kirk Session, the Presbytery of Glasgow and the Southern Synod in that the Petitioner had not been called as a party by any of these courts and therefore could not pursue his cause by way of Appeal, the Committee recommended that the Petition be not received. the Assembly was informed that when the Petitioner was advised of this decision, he asked that his dissatisfaction with it be noted. [Actually I appealed directly to the General Assembly against the decision of the Committee - PM] The Assembly endorsed the Committee's decision.
....
Yours faithfully,
John L Mackay
Assembly Clerk.