25 Gordon Terrace
AYR
KA8 0EX
5 December 1996
Dear Presbytery
"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
I hereby appeal directly to Presbytery against the decision of Ayr Kirk Session to bar me from attending services at Ayr Free Church on the following grounds:
"All persons who judge themselves lesed by the procedure or sentence of a kirk session, may appeal to the presbytery ..." [The Practice of the Free Church of Scotland [PFCS], page 188]
The Kirk Session have indicated verbally to me through Dr MacPherson that they will not co-operate in such an appeal, and have refused to send me extracts of minutes, etc. This has also been their practice in the case of previous appeals by myself to presbytery.
The Kirk Session totally ignored procedures laid down in The Practice of the Free Church of Scotland, despite the fact that this is the code of practice to be followed in all cases affecting all those who attend the Free Church, regardless of their status, whether member, adherent, visitor, or member of the general public.
"Church discipline is concerned with those who belong to the Church as baptised or communicant members. Besides, the Church has a duty to all and especially those in regular attendance at worship services ..." [PFCS, page 89]
Further, and more importantly, they have contravened an important biblical principle, namely,
"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
The Kirk Session have exceeded their authority. Even the far less drastic step of lesser excommunication requires the authority of Presbytery. [PFCS page 194, paragraph 4].
The greatest censure available, that of Greater Excommunication, does not bar the person being disciplined from public worship.
Further, the Kirk Session requires the authority of Scripture, and no action or conduct of mine has been proven to be censurable in Scripture.
"Discipline is Biblically based and this implies that no action or conduct can be regarded as censurable unless it is so declared in Scripture." [PFCS, page 89]
"If the scandal hath been proven ..." [PFCS page 194, para 3]
In contravention of PFCS II.2 page 91 and II.3 page 182, I was not notified by the Kirk Session that it intended to proceed against me.
In contravention of PFCS II.3 page 91 and III.1.4 page 95 I was not invited to attend any of the proceedings, and given no opportunity to defend my conduct.
In contravention of VIII.8, the intimation was not read to the congregation on the Sabbath morning, after the sermon, but at the Thursday prayer meeting. Further, the twelve reasons given to the congregation for the action of the Kirk Session have not been conveyed to me by the Kirk Session.
The letter informing of the action of the Kirk Session is the first written communication from the Kirk Session in almost three years, despite a number of letters from myself. It fact, I was told some time ago by Dr MacPherson that "the Kirk Session is not communicating with you". I have only received one formal visit from the Kirk Session during this period, a visit by Dr MacPherson and Bill Scott (who ordered my wife out of the room, and refused either to convey their message in front of her or place it in writing), who delivered a message to the effect that I was to seek another church. The Kirk Session has refused all written request to convey to me intimations concerning myself which were read to the congregation in my absence. It is therefore untrue when this letter (see enclosure) states, "despite many requests not to do so".
The action of the Kirk Session has caused dissatisfaction within the congregation, a number of whom have made their feelings known to members of the Kirk Session.
I believe that the foregoing clearly demonstrates that I have been unjustly treated. I therefore appeal to you that you revoke the action of the Kirk Session of Ayr Free Church.
"Thus saith the LORD: Keep judgment, and do justice; for my salvation is near to come, and my righteousness to be revealed." - Isaiah 56:1
"To do justice and judgment is more acceptable to the LORD than sacrifice." - Proverbs 21:3
"Am I, therefore, become your enemy, because I tell you the truth?" - Galatians 4:16
"Thus saith the Lord GOD: Let it suffice you, O princes of Israel; remove violence and spoil, and execute judgment and justice; take away your exactions from my people, saith the Lord GOD." - Ezekiel 45:9
I await your reply with interest.
Yours sincerely,
Paul Mansbacher
"O God, thou knowest my foolishness, and my sins are not hidden from thee. Let not them who wait on thee, O Lord GOD of hosts, be ashamed for my sake; let not those who seek thee be confounded for my sake, O God of Israel. Because for thy sake I have borne reproach; shame hath covered my face. I am become a stranger unto my brethren, and an alien unto my mother's children. For the zeal of thine house hath eaten me up; and the reproaches of those who reproached thee are fallen upon me." - Psalm 69:5-9
"I have done judgment and justice; leave me not to mine oppressors. Be surety for thy servant for good; let not the proud oppress me. Mine eyes fail for thy salvation, and for the word of thy righteousness. Deal with thy servant according unto thy mercy, and teach me thy statutes." - Psalm 119:121-124
Response