The Declaratory Act repealed

Five years of overtures

In May 1901 the Assembly received “with sympathetic interest the Overtures from the Presbyteries of Dingwall and Chanonry, and from the Synods of Ross and Glenelg”, and remitted them to a committee of the Moderator, the Clerks and Mr W. Rounsfell Brown. Meanwhile it recalled that “Act XII., 1892, anent the Confession of Faith, was passed by a former Assembly against certain distinct protests and dissents, the protection afforded by which protests and dissents is available to all who concur therein.”¹

In 1902 the Assembly sent down to the presbyteries an overture to repeal “the said Declaratory Act of 1892, and relative legislation in so far as the same innovated upon the previously existing laws of the Church”. Its preamble says that “in the providence of God, the Church, not feeling such scruples and difficulties as have been referred to, is now able—of one mind,—to deal with the said Declaratory Act so as to give effect to the dissents and protests before referred to”.²

In 1903, with overtures from the Presbyteries of Dingwall, Inverness, Dornoch and Caithness and the Synods of Ross and of Sutherland and Caithness, the Assembly “renew their resolution to annul or repeal the said Declaratory Act of 1892”. Because the overture of 1902 “has not secured the approval of a majority of Presbyteries”, they asked a committee to frame a new one “with the aid of the law agents of the Church”.³

In 1905 the committee submitted an overture and “proposed Rescissory Act, which has been approved by the Law Agents of the Church”, recommending that it be passed as an Interim Act “as well as sent down to Presbyteries under the Barrier Act”. The Assembly did both on 25 May 1905.⁴

The Act of 24 May 1906

The Assembly met on 22 May 1906, and the Act was passed in its fifth session, on 24 May. It reads in full: “WHEREAS this Church adheres, as she has always adhered, to her Subordinate Standards in terms of the Act, 1846, anent [concerning] Questions and Formula. WHEREAS an Act, entitled ‘Act anent Confession of Faith,’ passed by the General Assembly of 1892, on the 26th day of May of that year, in face of protests and dissents on the part of ministers and elders faithfully adhering to the Constitution of this Church, and commonly known as the Declaratory Act, made certain declarations as to the sense in which this Church held and taught the doctrine set forth in her Subordinate Standards, and the relation of the Church to these Standards; AND WHEREAS it is necessary to remove all dubiety [doubt] as to the relation of the Church to these Subordinate Standards. THEREFORE the General Assembly, with consent of Presbyteries, hereby rescind and annul the said Declaratory Act of 1892, and all Acts and resolutions involving approval thereof.”⁵

The Moderator of that Assembly was Colin A. Bannatyne, minister of Culter in 1900, who had been chosen Moderator of the minority’s Assembly on 31 October 1900.⁶

On the same day the Assembly repealed an Act of 1884 “whereby Deacons are relieved of subscription to the Confession of Faith”, an Act “passed in face of protests and dissents by a faithful minority”. Since “it is most desirable that all office-bearers in this Church should subscribe to the Confession of Faith”, the Assembly “repeal said Act of 1884, and revert to the former practice of this Church.”⁷

A year earlier the Assembly had also recalled the resolutions of 1872, 1881, 1896 and 1897 “authorising and sanctioning the use of uninspired hymns”, repealed the Act of 1883 on instrumental music, and reaffirmed “the Disruption position of 1843 in respect of doctrine, worship, discipline, and government”.⁸

The Free Presbyterian Church of Scotland

In 1903 the Assembly had heard a communication from the Synod of the Free Presbyterian Church of Scotland. It “express their regret at the terms of the message, and therefore, with reluctance, pass from the subject and discharge the Committee”, while declaring “afresh their friendly feeling towards that Church and their readiness to give effect to that feeling whenever that is practicable”.⁹