Ms UC-NRLF sB ml 'ii'? GO s THE LIBRARY OF THE UNIVERSITY OF CALIFORNIA PRESENTED BY PROF. CHARLES A. KOFOID AND MRS. PRUDENCE W. KOFOID Digitized by tine Internet Arciiive in 2007 with funding from IVIicrosoft Corporation littp://www.archive.org/details/freechurchofscotOOmuilricli T s: :h3 mt mun\ of MntlanH VIOLATING ITS CONSTITUTION : BEING A NARRATIVE OF THE I^ACTS OF THE ClUNY CaSE, AND SHEWING THE IISrSEOTTi^IT^5r OIF MINISTER AND MEMBER FROM TYRANNY IN THE FREE CHURCH. BY JOHN^JIL, NETHER SAUCHEN, CLUNY. I>rit3e Sixpence ; by DPost, Sevenpenoe. S> 1^ M ^Aw lp Having failed to secure a trial in the Church or Civil Courts, it is necessary, for the purpose of vindicating myself, and ex- posing the unprecedented treatment to which I have been subjected, and which prevented me from conscientiously con- tinuing longer in the Church, to publish an account of the proceedings which ultimately led to my being declared " no longer a member of the Free Church." Another reason inducing me to again come before the pub- lic, is, that a large number of people are comparatively igno- rant of the circumstances which gave rise to the conduct of the Presbytery and other church courts, superior and inferior ; which appeared to me to be of the nature of lynch-law, and altogether inconsistent with the constitution of the Free Church. VIOLATING ITS CONSTITUTION. Having been connected, in various capacities, with the Cluny Free Church since the Disruption, and as one of the documents founded on by the Presbytery contains an im- putation on my conduct as far back as 1856, in connection with the first minister, I deem it necessary to give a brief history of the congregation from its formation in 1843. Previous to the Disruption, the parish minister of Cluny being paralysed, had an ordained assistant. Before the separation, the assistant would not say to which of the con- tending parties he was favourable, and on being questioned by several members of the congregation, he gave unsatisfactory and impertinent answers. In consequence he was notrequested to become Free Church minister at Cluny, and the congregation was left without a minister to organise and consolidate it. The first minister chosen had not been long ordained when differences arose between him and the office-bearers as to the appropriation of certain church-door collections, which he claimed as supplementary to his stipend, but which they con- sidered ought to be, in the circumstances, applied for the purpose of liquidating the debt on the manse. So displeased was the congregation, as well as the office-bearers at this claim M367504 being pressed, that the church-door collections soon fell off to such an extent that they would not meet the current expen- diture. The minister had also several disputes with various members, including the congregational teacher and the office- bearers ; and in 1852 he refused to carry out the unanimous resolution of the Session anent the election of additional elders, although he had explicitly agreed to do so. A petition signed by all the office-bearers brought his conduct before the Presbytery, but no resolution was arrived at then. About three weeks after the petition had been presented, Rev. Mr. Mackay, Echt, intimated from the pulpit of Cluny church a meeting of the Deacons' Court, at which he attempted to get the petition withdrawn, but as he could not produce authority for doing so, he had to leave without accomplishing his object. In 1856, the office-bearers presented another petition to the Presbytery, because they believed " that the state of matters in the congregation were such as to call for a Presbyterial examination." The Presbytery granted the prayer of the petition, and appointed the examination to take place on 23rd July following. After fully enquiring into all circumstances, they came to the conclusion that it was necessary for the minister " to turn over a new leaf." They also recommended me, between whom and the minister they alleged the differ- ences had chiefly arisen, *' to withdraw in the meantime from the Session and congregation of Cluny Church," * but they knew quite well that this allegation was incorrect. On the following Sabbath the minister misrepresented the findings of the Presbytery from his pulpit. The office-bearers brought this discrepency before the Presbytery, and after an interview with that Court, he on the next Sabbath confessed publicly * See Appendix "No. 8. that he had knowingly and wilfully misrepresented the de- cisions of the Presbytery. He further stated that he had been advised by his friends to make this humbling confession " for Christ's sake and for peace's sake." Shortly afterwards he called a congregational meeting for "devotional purposes," at which he animadverted on the conduct of the Presbytery. His friends then pledged them- selves to leave the congregation should the Presbytery decline to resile from some of its resolutions. The Presbytery did not, and the minister's friends accordingly left the congregation. The congregation being broken up, there were no church- door collections, nor subscriptions to the Sustentation Fund, and the Presbytery, along with assessors from the Synod, met ^t Cluny and examined into the state of matters. They also had a private conference with the minister, when he formally demitted his charge, and left the Parish, but not before he had been prosecuted and compelled to pay a debt which he had allowed to lie over and accumulate for several years. After the congregation had recovered to some extent from its disorganisation, another minister was called, who, for a period of upwards of ten years, laboured with acceptance in the district, possessing the esteem and confidence not only of his own congregation but also of the inhabitants in the dis- trict. During this period there were peace and unanimity in the Free Church congregation. In the close of the yeai* 1869,* an elder was determined in obtruding a case on the Session. The minister and two elders thought they should take no cognisance of it, but other three of the elders strongly held an opposite opinion. The case was carried to the Pres- bytery, when it was decided in accordance with the view which * See Appendix No, 2, the minister had taken. Having been declared innocent, the person who was accused took his place at the Lord's Table, whereupon the disappointed elders and two deacons resigned, and along with their relatives and dependants, left the (;on- gregation. Thus at once the congregation was in a measure broken up, and the contributions to the Sustentation Fund again ceased. Though blameless, the amiable and devoted minister was deeply grieved, but though so severely tried by these men, his conduct was circumspect and conciliatory, and in the circumstance the Session authorised him to state the entire case to, and ask the advice of the Presbytery, which he accordingly did on his own behalf, and in their name on 7th July, 1870. The Presbytery then appointed a deputation, which met in the vestry of the Free Church, Cluny, and had a conference with the office-bearers, who still held their position in the Session and Deacon's Court, and with those who had resigned. Mr. Mitchell, the minister, was excluded from this meeting, and at its close he was told that he would require to leave Cluny. The minister afterwards came to understand that a letter communicated to the Presbytery by Mr. K, Macdonald, factor, had been instrumental in evoking their final decision. After Mr. Mitchell demitted his charge, Rev. Mr. Mackay, Echt, was appointed interim moderator of Session, and the office- bearers who formerly resigned and deserted the congregation, resumed office without re-election or induction, and in defiance of the Practice of the Free Church. A committee of the con- gregation was appointed to act along with the office-bearers in procuring a supply for the pulpit, and a Probationer was soon appointed by them, but the office-bearers and committee, although the latter's term of office had previously expired, took it upon them to dismiss him, which the congregation had only the right to do. A congregational meeting was held for the purpose of considering the advisability of removing the pulpit to a more convenient part of the church, altering the pews and putting in a stove. An estimate of the cost of these works was given, and the meeting sanctioned the under- taking 3 but after it had been executed, at the request of the Probationer, Mr. NicoU, very costly fittings were placed in the pulpit, and other extra work of this nature brought the expenditure far above the original estimate, as sanctioned by the congregational meeting. About this time Mr. R. Macdonald employed painters who had painted the Episcopal Chapel at Cluny Castle, to paint the Church in such a fantastic and ludicrous style that it was commonly remarked in the neigh- bourhood that the Church resembled a Popish Chapel. I wrote to the Deacons' Court on the 30th December, 1871,"^ pointing out that it was unfair to the congregation for the committee to incur extra expenditure unauthorised, and asserting that the sort of painting employed in the Church was altogether wrong, both as being calculated to awaken feelings and associations hurtful to the solemnity of a Free Church congregation on Sabbath, and objectionable as darkening the Church. The Court on receipt of my letter, appointed one of its members to wait on me, and ascertain what I proposed, and on 4th January, 1872, I wrotef saying that if the painting on the wall behind the pulpit was made similar or nearly so to that of the rest of the walls (defacing the painted screen), I would not find fault with it or shew further dissatisfaction. I also pointed out that the extra expenditure on the pulpit ought to be defrayed by those who incurred it, unauthorised by the congregation. The most objectionable part of the painting was then defaced. * See Appendix No. 0. t See Appendix No. 1. On seeing a notice in the Free Press, that a deputation of office-bearers from Cluny "appeared to request the Presbytery to take steps for enabling them to give a call to the Pro- bationer presently labouring amongst them," and that " the Presbytery resolved to do all in their power to carry out the ■wishes of the congregation," I addressed a letter* to the editor of that paper, stating that, on inquiry, I found that two men who had re-assumed office, had taken it upon them to appear at the Presbytery without having been appointed by a congregational meeting. The conejregation was not only ignorant of what they were doing at the Presbytery, but it did not even know that they were there, consequently the deputation was not in a position either creditable or honourable to itself, or beneficial to the congregation. This letter was not published in the Free Press, but was printed for private circulation. Soon after this, a meeting was held for the piu-pose of ascertaining the mind of the congregation, and if favourable to the election of a Probationer, t